ABC v Google Inc [2018] EWHC 137 (QB) (01 February 2018)
The application was refused because the claimant failed to effect proper service on the correct defendant (Google LLC) at the correct address and did not obtain the court's permission to serve proceedings outside the jurisdiction. Without proper service and compliance with procedural requirements, the court cannot grant the requested injunction.
- Citation
- [2018] EWHC 137 (QB)
- 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 ECHR Articles 3, 6, 8, Service of Proceedings Outside Jurisdiction
Case Brief
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 Whether the court can grant an interim injunction against Google Inc to block access to certain blog websites and remove a news report referencing a spent conviction
- 2 Whether proper service has been effected on the correct defendant
- 3 Whether permission to serve outside the jurisdiction is required and obtained
Ratio Decidendi
The application was refused because the claimant failed to effect proper service on the correct defendant (Google LLC) at the correct address and did not obtain the court's permission to serve proceedings outside the jurisdiction. Without proper service and compliance with procedural requirements, the court cannot grant the requested injunction.
Court Disposition
Application refused
Full Case Text
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