Your Response Ltd v Datateam Business Media Ltd

Your Response Ltd v Datateam Business Media Ltd

A common law possessory lien cannot be exercised over an electronic database because such data is intangible property and not susceptible to possession; the data manager was not entitled to withhold the database pending payment. The contract required reasonable notice for termination, which was three months as found by the trial judge.

Parties
Claimant/respondent: Your Response Limited; Defendant/appellant: Datateam Business Media Limited
Jurisdiction
England and Wales
Judgment Date
14 March 2014
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal allowed in part; data manager not entitled to exercise a lien over the database; appeal on period of notice dismissed.
Legal Topics
Possessory Lien, Intangible Property, Electronic Databases, Breach of Contract, Reasonable Notice, Conversion
Contract Law Property Law Tort Law Possessory Lien Intangible Property Electronic Databases Breach of Contract Reasonable Notice +1 more

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Parties

Your Response Limited

Claimant/respondent

Datateam Business Media Limited

Defendant/appellant

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether a common law possessory lien can be exercised over an electronic database
  2. 2 What period of notice was required to terminate the contract

Ratio Decidendi

A common law possessory lien cannot be exercised over an electronic database because such data is intangible property and not susceptible to possession; the data manager was not entitled to withhold the database pending payment. The contract required reasonable notice for termination, which was three months as found by the trial judge.

Court Disposition

Appeal allowed in part; data manager not entitled to exercise a lien over the database; appeal on period of notice dismissed.

Orders

  • Data manager to provide the publisher with a copy of the database in its current form.
  • Data manager found in breach of contract for refusing to provide the database.