Alexander Ferguson and Co v Daniel Crawford and Co Ltd

Alexander Ferguson & Co. (applicants) sought to register a trade mark for whisky featuring the prominent letters "P. & O.". Daniel Crawford & Co. Ltd. (opponents) opposed this application before the Registrar of Trade Marks. The Registrar dismissed the opposition with costs awarded to the applicants. The opponents appealed this decision to the Law Officer, who allowed the appeal and ordered the applicants to pay the opponents £8 8s. in costs for the appeal. The applicants then appealed to the High Court.

The legal issues before the High Court were whether it had jurisdiction to entertain an appeal concerning costs awarded by the Law Officer, and if so, what principles should guide its review of the Law Officer's discretionary decision on costs. The opponents also sought to vary the Law Officer's order to include the costs of the proceedings before the Registrar.

The High Court held that it possessed jurisdiction to hear appeals regarding costs awarded by the Law Officer. However, it affirmed that such an appeal would not lead to the Law Officer's order being overturned unless there was a clear disregard of legal principle or a misapprehension of the facts. The Court found that the Law Officer had properly considered the evidence and the relevant principles concerning costs, particularly the substantial expenditure incurred by the opponents on an issue where they ultimately failed. Therefore, the Court concluded there was no basis to interfere with the Law Officer's exercise of discretion.

The appeal by Alexander Ferguson & Co. was dismissed. The respondents, Daniel Crawford & Co. Ltd., were awarded their costs of the appeal to the High Court, and were also to pay the costs of their notice to vary the order.