Patent decision

BL number

O/262/03

Concerning rights in

GB 0204306.5

Hearing Officer

Mr R C Kennell

Decision date

11 July 2003

Person(s) or Company(s) involved

KFL (Floor Services) Limited v Philip McGarry and Brian John George Lawson

Provisions discussed

PA 1977 section 107(4); Companies Act 1985 section 726(1); Civil Procedure Rules 1998 rule 25

Keywords

Costs

Related Decisions

None

Summary

In an entitlement action, the defendants sought to enforce security for costs against an allegedly impecunious company, who were based in the UK and did not therefore fall within PA section 107(4). The hearing officer held that he had no jurisdiction to make any order, whether under section 726(1) of the Companies Act 1985 (following Abdulhayoglus Application [2000[ RPC 18) or otherwise. Notwithstanding that rule 25.13(2)(c) of the Civil Procedure Rules 1998 now provided for this situation, the hearing officer did not consider it appropriate to extend the comptrollers limited powers under PA section 107(4) into areas not clearly contemplated by Parliament. (John Pemberton v Monk Construction Ltd BL O/94/97 considered.)

Full decision O/262/03 24Kb