Significant cases

BCT Software Solutions v C Brewer & Sons

In this case, which involved an allegation of infringement of copyright in computer software, at first instance, the parties settled the substantive disputes but could not agree on costs. The first instance court took a broad brush view that when compared with the relief that the claimant was seeking and awarded the defendant the bulk of their costs. On appeal, dismissing the appeal, the Court of Appeal held that generally, a court should decline to make an award of costs where such was the only issue it was asked to decide upon. The Court of Appeal also emphasised that it would only where there was a manifest injustice that it would intervene in a costs order of the first instance judge.