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

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

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Parties

ABC

Claimant

Google Inc

Defendant

Procedural Posture

Interim Injunction Application / Interim Application Hearing

  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 a spent conviction
  2. 2 Whether proper service has been effected on the correct defendant
  3. 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