Your Response Ltd v Datateam Business Media Ltd [2014] EWCA Civ 281 (14 March 2014)

Your Response Ltd v Datateam Business Media Ltd [2014] EWCA Civ 281 (14 March 2014)

A common law possessory lien cannot be exercised over an electronic database because such a database is intangible property, not susceptible to possession in the legal sense required for a lien. The data manager was not entitled to withhold the database pending payment of fees and was in breach of contract by refusing to provide it upon termination.

Citation
[2014] EWCA Civ 281
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 / Appeal From Final Order of Brighton County Court (multi Track, Part 7 Claim)
Outcome
Appeal allowed in part; data manager not entitled to exercise lien over database; breach of contract found for refusal to provide database; appeal on period of notice dismissed.
Legal Topics
Possessory Lien, Intangible Property, Electronic Databases, Implied Terms, Reasonable Notice, Breach of Contract
Contract Law Property Law Commercial Law Possessory Lien Intangible Property Electronic Databases Implied Terms Reasonable Notice +1 more

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Parties

Your Response Limited

Claimant/respondent

Datateam Business Media Limited

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From Final Order of Brighton County Court (multi Track, Part 7 Claim)

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 a database is intangible property, not susceptible to possession in the legal sense required for a lien. The data manager was not entitled to withhold the database pending payment of fees and was in breach of contract by refusing to provide it upon termination.

Court Disposition

Appeal allowed in part; data manager not entitled to exercise lien over database; breach of contract found for refusal to provide database; appeal on period of notice dismissed.

Orders

  • Data manager must provide the publisher with a copy of the database in its current form.
  • No entitlement to exercise a common law lien over the database.