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 CPR PD 6B para 3.1(9); damage includes distress and anxiety; acts complained of were committed within the jurisdiction; Claimants may rely on additional grounds for service out; service out of jurisdiction is permitted for claims in misuse of private information and under the Data Protection Act 1998.

Citation
[2014] EWHC 13 (QB)
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
Jurisdictional Challenge (service Out of Jurisdiction) / High Court Judgment on Application to Set Aside Service and Jurisdiction
Outcome
Application by Google Inc to set aside service and jurisdiction dismissed in respect of misuse of private information and DPA claims; service out of jurisdiction permitted.
Legal Topics
Misuse of Private Information, Breach of Confidence, Data Protection Act 1998, Jurisdiction, Service Out of Jurisdiction, Damages for Distress
Privacy Law Data Protection Tort Law Civil Procedure Misuse of Private Information Breach of Confidence Data Protection Act 1998 Jurisdiction +2 more

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Parties

Judith Vidal-Hall

Claimant

Robert Hann

Claimant

Marc Bradshaw

Claimant

Google Inc

Defendant

Procedural Posture

Jurisdictional Challenge (service Out of Jurisdiction) / High Court Judgment on 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 CPR PD 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 CPR PD 6B para 3.1(9); damage includes distress and anxiety; acts complained of were committed within the jurisdiction; Claimants may rely on additional grounds for service out; service out of jurisdiction is permitted for claims in misuse of private information and under the Data Protection Act 1998.

Court Disposition

Application by Google Inc to set aside service and jurisdiction dismissed in respect of misuse of private information and DPA claims; service out of jurisdiction permitted.

Orders

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