Case No: A3/2005/2472

Neutral Citation Number: [2006] EWCA Civ 887
IN THE SUPREME COURT OF JUDICATURE
COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE HIGH COURT OF JUSTICE
CHANCERY DIVISION (PATENTS COURT)
The Hon Mr Justice Kitchin
CH/2005/APP/0429
Royal Courts of Justice
Strand, London, WC2A 2LL

Tuesday 04th July 2006

Before :

THE MASTER OF THE ROLLS
LORD JUSTICE JACOB
and
LORD JUSTICE NEUBERGER
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Between :

	Derek Hughes	Appellant/
Respondent	
	- and -		
	Neil Paxman	Respondent/ Applicant	
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(Transcript of the Handed Down Judgment of
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Iain Purvis and Giles Fernando (instructed by Messrs Walker Morris) for the 
Appellant/Respondent
Piers Acland and Ulick Staunton (instructed by Messrs Lupton Fawcett) 
for the Respondent/Applicant

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Judgment
Lord Justice Jacob (giving the judgment of the court): 
1.	Following our main judgment given on 23 June 2006, there are three points in dispute concerning the consequential order.
2.	Mr Hughes seeks an order from this court to the effect that Mr Paxman should serve an amended Statement of Grounds in the Patent Office.  It is not the function of this Court to give procedural directions for proceedings in the Patent Office, the matter must be left to the Comptroller.
3.	It is suggested that Mr Paxman, who succeeded both before Kitchin J and this Court, should nonetheless not receive his full costs because the Statement of Grounds sought more than could be granted.  We do not think that this minor point is sufficient to justify any reduction in costs.
4.	As to the amount of costs in this Court, we are willing to assess them.  The amount claimed in the Court of Appeal is £30,238.  We have a statement of costs and a supplemental statement of costs.  We think there was a certain amount of unnecessary work indicated and think the appropriate figure is £25,000.  
5.	Finally we are asked to give leave to appeal to the House of Lords.  We do not think it would be right for this Court to grant such leave.
6.	The parties are asked to liaise over the final form of the order and send it to the Court as soon as is practicable.