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You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> Pharmacia Corporation & Ors v Merck & Co Inc & Anor [2001] EWCA Civ 1957 (14 December, 2001) URL: http://www.bailii.org/ew/cases/EWCA/Civ/2001/1957.html Cite as: [2001] EWCA Civ 1957 |
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IN THE COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE HIGH COURT OF JUSTICE
CHANCERY DIVISION
PATENTS COURT
(Mr Justice Pumfrey)
Strand London WC2 Friday 14th December, 2001 |
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B e f o r e :
LORD JUSTICE SEDLEY
LADY JUSTICE ARDEN DBE
____________________
(1) PHARMACIA CORPORATION | ||
(2) GD SEARLE & CO | ||
(3) PFIZER INC | ||
Claimants/Appellants | ||
- v - | ||
(1) MERCK & CO INC | ||
(2) MERCK SHARP & DOHME LIMITED | ||
Defendants/Respondents |
____________________
Smith Bernal Reporting Limited, 190 Fleet Street,
London EC4A 2AG
Tel: 020 7421 4040
Official Shorthand Writers to the Court)
MR D YOUNG QC, MR J TURNER and MR T HINCHLIFFE (Instructed by Messrs Lovells, London EC1A 2DY)
appeared on behalf of the Respondents
____________________
Crown Copyright ©
"I draw attention to the new Rules because, while they make clear that the general rule remains, that the successful party will normally be entitled to costs, they at the same time indicate the wide range of considerations which will result in the court making different orders as to costs. From 26th April 1999 the `follow the event principle' will still play a significant role, but it will be a starting point from which the court can readily depart. There is also the position prior to the new Rules coming into force. The most significant change of emphasis of the new Rules is to require courts to be more ready to make separate orders which reflect the outcome of different issues. In doing this the new Rules are reflecting a change of practice which has already started. It is now clear that too robust an application of the `follow the event principle' encourages litigants to increase the costs of litigation, since it discourages litigants from being selective as to the points they take. If you recover all your costs as long as you win, you are encouraged to leave no stone unturned in your effort to do so."