Hegglin v Person(s) Unknown & Anor [2014] EWHC 2808 (QB) (31 July 2014)

Hegglin v Person(s) Unknown & Anor [2014] EWHC 2808 (QB) (31 July 2014)

The court granted leave to serve the claim form out of the jurisdiction on Google Inc. because there was a serious issue to be tried, a good arguable case under the Data Protection Act 1998 and European Directive 95/46/EC, and England was clearly the appropriate forum given the claimant's connections and the locus of reputational damage.

Citation
[2014] EWHC 2808 (QB)
Parties
Claimant: Daniel Hegglin; First Defendant: Person(s) Unknown; Second Defendant: Google Inc
Jurisdiction
England and Wales
Judgment Date
31 July 2014
Procedural Posture
Interim Application in Civil Claim / Application for Leave to Serve Out of Jurisdiction and Interim Relief
Outcome
Leave granted to serve claim form out of jurisdiction on Google Inc.; directions given for trial; Norwich Pharmacal order made.
Legal Topics
Interim Injunction, Norwich Pharmacal Order, Jurisdiction, Service Out of Jurisdiction, Data Protection Act 1998, European Directive 95/46/ec
Defamation Data Protection Civil Procedure Interim Injunction Norwich Pharmacal Order Jurisdiction Service Out of Jurisdiction Data Protection Act 1998 +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Daniel Hegglin

Claimant

Person(s) Unknown

First Defendant

Google Inc

Second Defendant

Procedural Posture

Interim Application in Civil Claim / Application for Leave to Serve Out of Jurisdiction and Interim Relief

Legal Issues

  1. 1 Whether leave should be granted to serve proceedings out of the jurisdiction on Google Inc.
  2. 2 Whether the claim discloses a serious issue to be tried on the merits
  3. 3 Whether England is the appropriate forum for the dispute

Ratio Decidendi

The court granted leave to serve the claim form out of the jurisdiction on Google Inc. because there was a serious issue to be tried, a good arguable case under the Data Protection Act 1998 and European Directive 95/46/EC, and England was clearly the appropriate forum given the claimant's connections and the locus of reputational damage.

Court Disposition

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

Orders

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