UK · EWCACourt order
Court of Appeal caps Convatec costs budget at £4 million and lets inventor claim for combined patents
The Court of Appeal of England and Wales held on October 26, 2026, in Parsons v Convatec [2026] EWCA Civ 1357 that section 106 of the Patents Act 1977, on parties' financial position in costs orders, applies to costs budgeting, and that an employee may claim compensation for the combined benefit of several inventions. Lord Justice Arnold capped Convatec's budgeted recoverable costs at £4 million in former chemist David Parsons' claim, valued at up to £366 million.
Order (ICLG) → · Law Society Gazette, Court of Appeal (Civil Division)
Key points
- Convatec had incurred £4.2 million in costs and initially sought approval for £10.2 million in future costs.Law Society Gazette
- Parsons, on a conditional fee agreement, held after-the-event insurance with an £800,000 limit.Law Society Gazette
- Arnold said ATE cover for £4 million could cost a premium near £2 million, equal to the largest employee inventor award to date.ICLGCourt of Appeal (Civil Division)
- The court also held employees may claim for the combined benefit of several inventions or patents.ICLGCourt of Appeal (Civil Division)
- Lady Justice Asplin and Lord Justice Baker agreed; a 37-day trial is listed for February 2028.ICLGLaw Society GazetteCourt of Appeal (Civil Division)
Sources3 articles across 3 outlets
Court of Appeal (Civil Division)
ICLG
Law Society Gazette