Vidal -Hall & Ors v Google Inc [2014] EWHC 13 (QB) (16 January 2014)

Vidal -Hall & Ors v Google Inc [2014] EWHC 13 (QB) (16 January 2014)

Misuse of private information is a tort within the meaning of Practice Direction 6B para 3.1(9), and damages for distress are recoverable. The claims for misuse of private information fall within the grounds for service out of jurisdiction. Claims for breach of confidence are not torts but may fall within other grounds. The Claimants may rely on additional grounds for service out. England is an appropriate forum for the claims.

Citation
[2014] EWHC 13
Parties
Claimant: Judith Vidal-Hall; Claimant: Robert Hann; Claimant: Marc Bradshaw; Defendant: Google Inc
Jurisdiction
England and Wales
Judgment Date
16 January 2014
Procedural Posture
Jurisdiction Challenge / Application to Set Aside Service and Jurisdiction
Outcome
Application dismissed; service out of jurisdiction stands.
Legal Topics
Misuse of Private Information, Breach of Confidence, Data Protection Act 1998, Service Out of Jurisdiction, Damages for Distress
Privacy Data Protection Tort Law Conflict of Laws Misuse of Private Information Breach of Confidence Data Protection Act 1998 Service Out of Jurisdiction +1 more

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Parties

Judith Vidal-Hall

Claimant

Robert Hann

Claimant

Marc Bradshaw

Claimant

Google Inc

Defendant

Procedural Posture

Jurisdiction Challenge / Application to Set Aside Service and Jurisdiction

Legal Issues

  1. 1 Is misuse of private information a tort for the purposes of service out of jurisdiction?
  2. 2 Does 'damage' under Practice Direction 6B para 3.1(9) include distress and anxiety?
  3. 3 Can claims under the Data Protection Act 1998 be served out of jurisdiction?

Ratio Decidendi

Misuse of private information is a tort within the meaning of Practice Direction 6B para 3.1(9), and damages for distress are recoverable. The claims for misuse of private information fall within the grounds for service out of jurisdiction. Claims for breach of confidence are not torts but may fall within other grounds. The Claimants may rely on additional grounds for service out. England is an appropriate forum for the claims.

Court Disposition

Application dismissed; service out of jurisdiction stands.

Orders

  • Claimants permitted to serve Google Inc out of jurisdiction for misuse of private information and DPA claims.
  • Claimants permitted to rely on additional grounds for service out.