Hegglin v Person(s) Unknown & Anor

Hegglin v Person(s) Unknown & Anor

Leave to serve out of the jurisdiction was granted because the claimant established a serious issue to be tried, a good arguable case under the Data Protection Act and European Directive, and England was clearly the appropriate forum given the claimant's connections and the reputational damage sustained.

Parties
Claimant: Daniel Hegglin; First Defendant: Person(s) Unknown; Second Defendant: Google Inc
Jurisdiction
England and Wales
Judgment Date
31 July 2014
Procedural Posture
Civil / Interlocutory Application for Leave to Serve Out of Jurisdiction and Directions for Trial
Outcome
Leave granted to serve claim form out of jurisdiction on Google Inc. Directions for trial given. Norwich Pharmacal order made.
Legal Topics
Injunctions, Norwich Pharmacal Orders, Jurisdiction, Service Out of Jurisdiction, Data Protection Act 1998, European Directive 95/46/ec
Defamation Data Protection Civil Procedure Injunctions Norwich Pharmacal Orders Jurisdiction Service Out of Jurisdiction Data Protection Act 1998 +1 more

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Parties

Daniel Hegglin

Claimant

Person(s) Unknown

First Defendant

Google Inc

Second Defendant

Procedural Posture

Civil / Interlocutory Application for Leave to Serve Out of Jurisdiction and Directions for Trial

Legal Issues

  1. 1 Whether leave should be granted to serve proceedings out of the jurisdiction on Google Inc.
  2. 2 Whether the claim for injunction and Norwich Pharmacal order is properly founded under the Data Protection Act 1998 and European Directive 95/46/EC
  3. 3 Whether England is the appropriate forum for trial

Ratio Decidendi

Leave to serve out of the jurisdiction was granted because the claimant established a serious issue to be tried, a good arguable case under the Data Protection Act and European Directive, and England was clearly the appropriate forum given the claimant's connections and the reputational damage sustained.

Court Disposition

Leave granted to serve claim form out of jurisdiction on Google Inc. Directions for trial given. Norwich Pharmacal order made.

Orders

  • Leave to serve claim form out of jurisdiction on Google Inc.
  • Directions for sequential service of expert evidence.