Wheat v Google LLC & Anor [2019] EWHC 1518 (Ch) (21 May 2019)

Wheat v Google LLC & Anor [2019] EWHC 1518 (Ch) (21 May 2019)

Permission to appeal was granted against Google LLC for the first grouping of claims (caching and indexing of images) as there was a good arguable case that English law applied, the claims fell within the service out gateways, and England and Wales was the proper forum. Permission to appeal was refused for claims against Monaco Telecom and related claims against Google regarding the cloned website, due to the existence of a contract with an exclusive jurisdiction clause in favour of Monaco, and insufficient pleading by Mr Wheat on the interrelationship between contract and tort claims.

Citation
[2019] EWHC 1518 (Ch)
Parties
Claimant: Christopher Wheat; Defendant: Google LLC; Defendant: Monaco Telecom SAM
Jurisdiction
England and Wales
Judgment Date
21 May 2019
Procedural Posture
Appeal / Application for Permission to Appeal Orders Refusing Permission to Serve Out of Jurisdiction
Outcome
Permission to appeal granted in part, refused in part
Legal Topics
Copyright Infringement, Service Out of Jurisdiction, Jurisdiction Clauses, Forum Non Conveniens
Intellectual Property Civil Procedure Copyright Infringement Service Out of Jurisdiction Jurisdiction Clauses Forum Non Conveniens

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Christopher Wheat

Claimant

Google LLC

Defendant

Monaco Telecom SAM

Defendant

Procedural Posture

Appeal / Application for Permission to Appeal Orders Refusing Permission to Serve Out of Jurisdiction

Legal Issues

  1. 1 Whether permission to serve out of the jurisdiction should be granted against Google LLC and Monaco Telecom SAM
  2. 2 Whether English law applies to alleged copyright infringements occurring via the internet
  3. 3 Whether the claims fall within the appropriate service out gateways under CPR PD 6B §3.1

Ratio Decidendi

Permission to appeal was granted against Google LLC for the first grouping of claims (caching and indexing of images) as there was a good arguable case that English law applied, the claims fell within the service out gateways, and England and Wales was the proper forum. Permission to appeal was refused for claims against Monaco Telecom and related claims against Google regarding the cloned website, due to the existence of a contract with an exclusive jurisdiction clause in favour of Monaco, and insufficient pleading by Mr Wheat on the interrelationship between contract and tort claims.

Court Disposition

Permission to appeal granted in part, refused in part

Orders

  • Permission to appeal granted against Google LLC for claims relating to caching and indexing of images (first grouping of claims)
  • Permission to appeal refused against Monaco Telecom SAM and related claims against Google LLC (second and third groupings of claims)