Wheat v Monaco Telecom SAM & Anor

Wheat v Monaco Telecom SAM & Anor

The order granting permission to serve Monaco Telecom out of the jurisdiction was set aside for material non-disclosure. The claimant failed to show a much better argument that the claim fell within a jurisdictional gateway, failed to show a reasonable prospect of success, and failed to show England and Wales was the proper forum. There was no evidence of copyright infringement in England, no sufficient evidence of joint tortfeasorship, and the claim was not supported by adequate evidence or value. The claim was also time-barred for the relevant period.

Parties
Claimant: Christopher Wheat; First Defendant: Alphabet Inc./Google Inc.; Second Defendant: Monaco Telecom S.A.M.
Jurisdiction
England and Wales
Judgment Date
12 December 2017
Procedural Posture
Civil Copyright Infringement / Application to Set Aside Order Granting Permission to Serve Out of Jurisdiction and Challenge to Jurisdiction
Outcome
Order granting permission to serve out of jurisdiction set aside; declaration of no jurisdiction granted; claim against Monaco Telecom dismissed as to jurisdiction.
Legal Topics
Copyright Infringement, Jurisdictional Gateways, Service Out of Jurisdiction, Material Non Disclosure, Limitation Periods, Proper Forum, Joint Tortfeasorship
Intellectual Property Civil Procedure Conflict of Laws Copyright Infringement Jurisdictional Gateways Service Out of Jurisdiction Material Non Disclosure Limitation Periods +2 more

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Parties

Christopher Wheat

Claimant

Alphabet Inc./Google Inc.

First Defendant

Monaco Telecom S.A.M.

Second Defendant

Procedural Posture

Civil Copyright Infringement / Application to Set Aside Order Granting Permission to Serve Out of Jurisdiction and Challenge to Jurisdiction

Legal Issues

  1. 1 Whether the order granting permission to serve Monaco Telecom out of the jurisdiction should be set aside for material non-disclosure
  2. 2 Whether the English court has jurisdiction over the claim against Monaco Telecom
  3. 3 Whether the claim falls within any jurisdictional gateway under CPR PD6B

Ratio Decidendi

The order granting permission to serve Monaco Telecom out of the jurisdiction was set aside for material non-disclosure. The claimant failed to show a much better argument that the claim fell within a jurisdictional gateway, failed to show a reasonable prospect of success, and failed to show England and Wales was the proper forum. There was no evidence of copyright infringement in England, no sufficient evidence of joint tortfeasorship, and the claim was not supported by adequate evidence or value. The claim was also time-barred for the relevant period.

Court Disposition

Order granting permission to serve out of jurisdiction set aside; declaration of no jurisdiction granted; claim against Monaco Telecom dismissed as to jurisdiction.

Orders

  • Order dated 30 January 2017 set aside for material non-disclosure.
  • Declaration granted that the court does not have jurisdiction or will not exercise jurisdiction over Monaco Telecom.