ABC v Google Inc [2018] EWHC 137 (QB) (01 February 2018)

ABC v Google Inc [2018] EWHC 137 (QB) (01 February 2018)

The court cannot grant the injunction because the claimant has not effected proper service on the correct corporate entity (Google LLC) at the correct address, nor obtained permission to serve outside the jurisdiction, and has not satisfied the requirements of Section 12 of the Human Rights Act 1998.

Source-derived case information.

Citation
[2018] EWHC 137
Parties
Claimant: ABC; Defendant: Google Inc
Jurisdiction
England and Wales
Judgment Date
01 February 2018
Procedural Posture
Interim Injunction Application / Interim Application Hearing
Outcome
Application refused
Legal Topics
Right to Be Forgotten, Libel, Misuse of Private Information, Malicious Falsehood, Breach of Data Protection Act 1998, Breach of European Convention on Human Rights
Data Protection Defamation Human Rights Privacy Right to Be Forgotten Libel Misuse of Private Information Malicious Falsehood +2 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

ABC

Claimant

Google Inc

Defendant

Procedural Posture

Interim Injunction Application / Interim Application Hearing

Legal Issues

  1. 1 Whether the court can grant an interim injunction against Google Inc to block access to certain blog websites and remove a news report referencing the claimant's spent conviction
  2. 2 Whether proper service has been effected on the correct corporate entity
  3. 3 Whether permission to serve outside the jurisdiction is required

Ratio Decidendi

The court cannot grant the injunction because the claimant has not effected proper service on the correct corporate entity (Google LLC) at the correct address, nor obtained permission to serve outside the jurisdiction, and has not satisfied the requirements of Section 12 of the Human Rights Act 1998.

Court Disposition

Application refused