Trappit SA & Ors v GBT Travel Services UK Limited
| Judge | CHIEF MASTER SHUMAN |
| Neutral Citation | [2024] EWHC 3285 (Ch) |
| Year | 2024 |
| Court | Intellectual Property Enterprise Court |
| Counsel | Jamie Carpenter Kc,George Spalton Kc,Benjamin Williams Kc,Jaani Riordan |
| Date | 18 December 2024 |
Neutral Citation Number: [2024] EWHC 3285 (Ch)
Case No: IL 2020 000048
IN THE HIGH COURT OF JUSTICE
CHANCERY DIVISION
BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES
INTELLECTUAL PROPERTY LIST
Royal Courts of Justice, Rolls Building
Fetter Lane, London, EC4A 1NL
Date: 18 December 2024
Before :
CHIEF MASTER SHUMAN
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Between :
(1) TRAPPIT S.A.
(2) TRAPPIT TECNOLOGIAS S.L.
(3) 2MC GESTION Y CONSULTORIA
S.A.
Claimants
- and -
GBT TRAVEL SERVICES UK LIMITEDDefendant
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- - - - - - - - - - - - - - - - - - - - -
Jamie Carpenter KC(instructed by Hausfeld & Co LLP) for the Claimants
George Spalton KC, Benjamin Williams KC and Jaani Riordan (instructed by Eversheds
Sutherland (International) LLP for the Defendant
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Approved Judgment
This judgment was handed down remotely on 18 December 2024 by circulation to the parties
or their representatives by e-mail and by release to the National Archives.
.............................
CHIEF MASTER SHUMAN
Approved JudgmentTrappit v GBT Travel
CHIEF MASTER SHUMAN:
1.The claimants have discontinued their claim against the defendant. They have applied
by application notice dated 24 July 2023 to vary the default position under CPR
38.6(1)so that the usual costs rule does not apply, arguing that the defendant’s
conduct has been such that the proceedings have been unnecessarily protracted. The
defendant resists this and asks that the court make an order that the claimants pay the
defendant’s costs on an indemnity basis.
2.This claim has been subject to a two-tier confidentiality order. There are 3 lever arch
bundles of documents before me. The key witness statements are:
i)The fifth and sixth witness statements of John McElroy, partner at the
claimants’ solicitors, dated 24 July 2023 and 17 November 2023.
ii)The seventh witness statement of Mark Howarth, partner at the defendant’s
solicitors, dated 2 October 2023.
3. Both solicitors have conduct of the claim for their respective clients and have an in-
depth knowledge of the claim having made previous witness statements in respect of
the proceedings.
THE LAW
4.A claimant may discontinue all or part of a claim against one or more defendants at
any time: CPR 38.2(1). Notice of discontinuance takes effect on the date when the
notice of discontinuance is served on the defendant and that is when the claim is
brought to an end against the defendant: CPR 38.5(1)(2).
5.Pursuant to CPR 38.6,
“(1) Unless the court orders otherwise, a claimant who
discontinues is liablefor the costs which a defendant against
whom the claimant discontinues incurred on or before the date
on which notice of discontinuance was served on the
defendant.”
6.This is also consistent with the generalrule set out in CPR 44.2(2)(a) that the
unsuccessful party will be ordered to pay the costs of the successful party.
7.As the author of Civil Costs 6th Ed comments at paragraph 2-030,
“ Under CPR r.38.6 the court has to be persuaded that it is just
todepart from the normal rule that the discontinuing party
should bear the other party’s costs. The burden of satisfying the
court that some other consequence should follow, rests on the
party discontinuing. Justice would normally lead to the
conclusion that a defendant who defended himself at substantial
expense against a claimant who changed his mind in the middle
of the action for no good reason, other than he had re-evaluated
the factorsthathadremainedunchanged,should be
compensated for his costs.”
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