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Chemistree Homecare Ltd v Abbvie Ltd [2013] EWHC 264 (Ch)

Description

In an unsuccessful application for an interim injunction relating to supplies of patented medicine, the defendant sought costs on an indemnity basis.

Held: There has to be something wholly unreasonable and conduct far outside the norm to justify awarding costs against an unsuccessful party on an indemnity basis.

The advancing of allegations communicated in terms that proceedings would be issued, which were not raised in the eventual application as they were evidently considered hopeless, was conduct that was unreasonable and far outside the norm justifying costs on an indemnity basis up to when that conduct ceased. However, a summary assessment of costs was refused and detailed assessment ordered on the ground that the defendant's statement of costs was wholly disproportionate.

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