Union Des Associations Europeennes De Football v British Telecommunications Plc & Ors [2017] EWHC 3414 (Ch) (21 December 2017)

Union Des Associations Europeennes De Football v British Telecommunications Plc & Ors [2017] EWHC 3414 (Ch) (21 December 2017)

The court has jurisdiction to grant the blocking injunction under section 97A of the Copyright, Designs and Patents Act 1988, and the order sought is appropriate and proportionate given the scale of illicit streaming and effectiveness of previous similar orders.

Citation
[2017] EWHC 3414 (Ch)
Parties
Claimant: Union des Associations Européennes de Football; Defendant: British Telecommunications PLC; Defendant: EE Limited; Defendant: Plusnet PLC; Defendant: Sky UK Limited; Defendant: TalkTalk Telecom Limited; Defendant: Virgin Media Limited
Jurisdiction
England and Wales
Judgment Date
21 December 2017
Procedural Posture
Application for Injunction / Judgment on Paper
Outcome
injunction granted
Legal Topics
Blocking Injunctions, Live Streaming, Copyright Infringement, Internet Service Providers, Proportionality
Intellectual Property Copyright Blocking Injunctions Live Streaming Copyright Infringement Internet Service Providers Proportionality

Case Brief

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Parties

Union des Associations Européennes de Football

Claimant

British Telecommunications PLC

Defendant

EE Limited

Defendant

Plusnet PLC

Defendant

Sky UK Limited

Defendant

TalkTalk Telecom Limited

Defendant

Virgin Media Limited

Defendant

Procedural Posture

Application for Injunction / Judgment on Paper

Legal Issues

  1. 1 Whether the court has jurisdiction to grant a blocking injunction under section 97A of the Copyright, Designs and Patents Act 1988
  2. 2 Whether the order sought is appropriate and proportionate
  3. 3 Whether evidence and part of the order should be kept confidential

Ratio Decidendi

The court has jurisdiction to grant the blocking injunction under section 97A of the Copyright, Designs and Patents Act 1988, and the order sought is appropriate and proportionate given the scale of illicit streaming and effectiveness of previous similar orders.

Court Disposition

injunction granted

Orders

  • Defendants required to block access to streaming servers delivering infringing live streams of UEFA Competition matches to UK consumers from 13 February 2018 to 26 May 2018.
  • Confidentiality granted for some evidence and part of the order.