Pocket Kings Ltd v Safenames Ltd & Anor [2009] EWHC 2529 (Ch) (16 October 2009)

Pocket Kings Ltd v Safenames Ltd & Anor [2009] EWHC 2529 (Ch) (16 October 2009)

The Commonwealth of Kentucky is not a sovereign state for the purposes of the State Immunity Act 1978 and is not entitled to immunity; its actions in the Kentucky proceedings are not an exercise of the sovereign authority of the United States; the Kentucky seizure and forfeiture orders are penal/governmental in nature and are not enforceable in England; service was properly effected; declaratory relief is appropriate to clarify non-enforceability and prevent harm to the claimant.

Citation
[2009] EWHC 2529 (Ch)
Parties
Claimant: Pocket Kings Ltd; First Defendant: Safenames Ltd; Second Defendant: Commonwealth of Kentucky
Jurisdiction
England and Wales
Judgment Date
16 October 2009
Procedural Posture
Civil (chancery Division) / Application for Summary Judgment in Default of Acknowledgment of Service
Outcome
Declaration granted; injunctive relief granted against First Defendant; no relief against Second Defendant beyond declaration.
Legal Topics
State Immunity Act 1978, Enforcement of Foreign Judgments, Recognition of Foreign Penal and Public Law, Declaratory Relief, Service Out of Jurisdiction
Private International Law Conflict of Laws State Immunity Contract State Immunity Act 1978 Enforcement of Foreign Judgments Recognition of Foreign Penal and Public Law Declaratory Relief +1 more

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Parties

Pocket Kings Ltd

Claimant

Safenames Ltd

First Defendant

Commonwealth of Kentucky

Second Defendant

Procedural Posture

Civil (chancery Division) / Application for Summary Judgment in Default of Acknowledgment of Service

Legal Issues

  1. 1 Is the Commonwealth of Kentucky entitled to state immunity under the State Immunity Act 1978?
  2. 2 Has Kentucky been properly served with proceedings and the application?
  3. 3 Should the English court recognise or enforce the Kentucky seizure and forfeiture orders?

Ratio Decidendi

The Commonwealth of Kentucky is not a sovereign state for the purposes of the State Immunity Act 1978 and is not entitled to immunity; its actions in the Kentucky proceedings are not an exercise of the sovereign authority of the United States; the Kentucky seizure and forfeiture orders are penal/governmental in nature and are not enforceable in England; service was properly effected; declaratory relief is appropriate to clarify non-enforceability and prevent harm to the claimant.

Court Disposition

Declaration granted; injunctive relief granted against First Defendant; no relief against Second Defendant beyond declaration.

Orders

  • Declaration that the orders made in the Kentucky proceedings for seizure or forfeiture of the domain name are not recognised or enforceable in England and Wales.
  • Injunction restraining Safenames Ltd from complying with the Kentucky Seizure Order or otherwise interfering with Pocket Kings' use of the domain name.