Wheat v Monaco Telecom SAM & Anor [2017] EWHC 3150 (Ch) (12 December 2017)

Wheat v Monaco Telecom SAM & Anor [2017] EWHC 3150 (Ch) (12 December 2017)

The claimant failed to establish 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 was the proper forum. Material non-disclosure also justified setting aside the order. The claim against Monaco Telecom cannot proceed in England.

Citation
[2017] EWHC 3150 (Ch)
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
Application to Set Aside Order for Service Out of Jurisdiction and Challenge to Jurisdiction / Interlocutory Judgment on Jurisdictional Challenge
Outcome
Application granted; order for service out of jurisdiction set aside; claim against Monaco Telecom dismissed for want of jurisdiction.
Legal Topics
Jurisdiction, Copyright Infringement, Service Out of Jurisdiction, Limitation, Forum Non Conveniens, Material Non Disclosure
Civil Procedure Intellectual Property Jurisdiction Copyright Infringement Service Out of Jurisdiction Limitation Forum Non Conveniens Material Non Disclosure

Case Brief

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Parties

Christopher Wheat

Claimant

Alphabet Inc./Google Inc.

First Defendant

Monaco Telecom S.A.M.

Second Defendant

Procedural Posture

Application to Set Aside Order for Service Out of Jurisdiction and Challenge to Jurisdiction / Interlocutory Judgment on Jurisdictional Challenge

Legal Issues

  1. 1 Whether the English court has jurisdiction over Monaco Telecom for alleged copyright infringement
  2. 2 Whether the claim falls within the jurisdictional gateways under CPR PD6B
  3. 3 Whether the claim has a reasonable prospect of success

Ratio Decidendi

The claimant failed to establish 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 was the proper forum. Material non-disclosure also justified setting aside the order. The claim against Monaco Telecom cannot proceed in England.

Court Disposition

Application granted; order for service out of jurisdiction set aside; claim against Monaco Telecom dismissed for want of jurisdiction.

Orders

  • Order of 30 January 2017 granting permission to serve out of jurisdiction on Monaco Telecom set aside.
  • Claim against Monaco Telecom dismissed for want of jurisdiction.