Vidal -Hall & Ors v Google Inc

Vidal -Hall & Ors v Google Inc

The tort of misuse of private information is a tort within the meaning of Practice Direction 6B para 3.1(9), and the claims for misuse of private information and under the Data Protection Act 1998 fall within this ground for service out of jurisdiction. There is a serious issue to be tried, and England is clearly the appropriate forum. Claims for breach of confidence are not torts for this purpose. Claimants are permitted to rely on ground (9) for the DPA claim but not on grounds (11) and (16).

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
Civil / Interlocutory Application to Set Aside Service and Challenge Jurisdiction
Outcome
Application by Google Inc to set aside service and challenge jurisdiction dismissed in respect of misuse of private information and DPA claims; allowed in respect of breach of confidence and grounds (11) and (16).
Legal Topics
Misuse of Private Information, Breach of Confidence, Data Protection Act 1998, Jurisdiction, Service Out of Jurisdiction, Damages for Distress, Forum Conveniens
Privacy Data Protection Tort Law Conflict of Laws Misuse of Private Information Breach of Confidence Data Protection Act 1998 Jurisdiction +3 more

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Parties

Judith Vidal-Hall

Claimant

Robert Hann

Claimant

Marc Bradshaw

Claimant

Google Inc

Defendant

Procedural Posture

Civil / Interlocutory Application to Set Aside Service and Challenge Jurisdiction

Legal Issues

  1. 1 Whether claims for misuse of private information and breach of confidence are torts for purposes of service out of jurisdiction
  2. 2 Whether damages for distress are recoverable under Data Protection Act 1998
  3. 3 Whether England is the appropriate forum for trial

Ratio Decidendi

The tort of misuse of private information is a tort within the meaning of Practice Direction 6B para 3.1(9), and the claims for misuse of private information and under the Data Protection Act 1998 fall within this ground for service out of jurisdiction. There is a serious issue to be tried, and England is clearly the appropriate forum. Claims for breach of confidence are not torts for this purpose. Claimants are permitted to rely on ground (9) for the DPA claim but not on grounds (11) and (16).

Court Disposition

Application by Google Inc to set aside service and challenge jurisdiction dismissed in respect of misuse of private information and DPA claims; allowed in respect of breach of confidence and grounds (11) and (16).

Orders

  • Claimants permitted to rely on ground (9) for DPA claim.
  • Claims for misuse of private information and DPA to proceed in England.