Geoffrey Hobbs QC and Emma Himsworth QC (instructed by Bristows LLP ) for the defendant; Michael Silverleaf QC and Simon Malynicz (instructed by Pinsent Masons LLP ) for the claimants.
On 5 November 2014 the Court of Appeal gave judgment [2014] EWCA Civ 1403; [2014] WLR (D) 473 allowing the defendant’s appeal against the decision of Arnold J [2013] EWHC 1291 (Ch); [2013] EWHC 206 (Ch) handed down on 21 May 2013 in which he had held that the defendant had infringed the registered trade marks of the claimants under article 5(1)(a) of Council Directive 89/104/EEC and article 9(1)(a) of Council Regulation (EC) No 40/94. The parties were invited to make written submission as to the sconsequential orders to be made.
The court made the following consequential orders. (1) The question whether an injunction should be granted pending the retrial and the terms of any such injunction should be considered by a judge of the Chancery Division of the High Court upon an application made for that purpose by the claimants. (2) The case should be remitted for retrial before a different judge of the Chancery Division of the High Court. Directions for the retrial should be given by a judge of the Chancery Division of the High Court upon an application made for that purpose. (3) Pre-trial and trial costs should be reserved to the judge hearing the retrial. (4) The costs of and occasioned by the implementation and operation of the order of Arnold J were to be reserved to the judge hearing the retrial. As for the costs of the appeals, the defendant was entitled to the costs of its appeals and the claimants were entitled to the costs of their appeal.