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 held that the claimant had established a serious issue to be tried, that the claim fell within the relevant jurisdictional gateways for service out of the jurisdiction, and that England was clearly the appropriate forum. Leave to serve the claim form out of the jurisdiction on Google Inc. was therefore granted.

Citation
[2014] EWHC 2808
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 Related Interim Relief
Outcome
Leave to serve claim form out of jurisdiction on Google Inc. granted; directions for trial and Norwich Pharmacal order made.
Legal Topics
Interim Injunctions, Norwich Pharmacal Orders, Jurisdiction, Service Out of Jurisdiction, Data Protection Act 1998, European Directive 95/46/ec, Defamation Via Internet, Appropriate Forum
Defamation Data Protection Civil Procedure Interim Injunctions Norwich Pharmacal Orders Jurisdiction Service Out of Jurisdiction Data Protection Act 1998 +3 more

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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 Related Interim Relief

Legal Issues

  1. 1 Whether leave should be granted to serve proceedings on Google Inc. out of the jurisdiction
  2. 2 Whether there is a serious issue to be tried on the merits
  3. 3 Whether the claim falls within the jurisdictional gateways under CPR Practice Direction 6B

Ratio Decidendi

The court held that the claimant had established a serious issue to be tried, that the claim fell within the relevant jurisdictional gateways for service out of the jurisdiction, and that England was clearly the appropriate forum. Leave to serve the claim form out of the jurisdiction on Google Inc. was therefore granted.

Court Disposition

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

Orders

  • Leave to serve claim form out of jurisdiction on Google Inc.
  • Directions for sequential service of expert evidence by Google and then the claimant.