Huge Costs Order In Copyright Claim

We have previously reported here on the decision of the Court to dismiss a claim for copyright infringement brought by Anna Pasternak, the great niece of Boris Pasternak, the author of Dr Zhivago against US author Lara Prescott. The case revolved around claims by Pasternak that seven chapters in Prescott’s book The Secrets We Kept had infringed copyright in her own book. It was dismissed on the basis that any similarity that existed was due to the fact that the books were based in the same time period and that, as a result, it was not surprising that they followed the same basic chronology. Following the decision in respect of infringement it was always likely to be the case that Ms Pasternak would have to pay the costs of Ms Prescott, with the general rule in litigation being that the loser pays. The only question was how much of Ms Prescott’s costs would have to be paid by Ms Pasternak. That question was decided at a costs hearing in the High Court on Friday 2 December 2022. Ms Pasternak was ordered to pay 99% of Ms Prescott’s costs which is an extremely high figure. The general rule is that parties can expect to recover around 70% of their legal costs so this is a very good result for Ms Prescott and it is likely (without having seen the judgment of the Court) that such an amount has been awarded due to the way Ms Pasternak conducted her claim or perhaps due to a failure from Ms Pasternak to accept an offer that would have settled the matter at an earlier stage on more advantageous terms for Ms Pasternak than the ultimate outcome. Legal costs are one of the most important factors to consider when deciding whether to pursue litigation and they should also factor in to the commercial consideration of what a party is hoping to achieve through litigation. If this matter has raised any questions for you please do not hesitate to contact the team at McDaniels Law on 0191 281 4000 or by email to legal@mcdanielslaw.com. in: Copyright, Legal News, News