Wheat v Google LLC & Anor

Wheat v Google LLC & Anor

Permission to appeal was granted in respect of the claims against Google LLC relating to caching and hotlinking, as there was a good arguable case that English law applied, the claims fell within the jurisdictional gateway, and England and Wales was the proper forum. Permission to appeal was refused for claims against Monaco Telecom and related claims against Google, due to the existence of an exclusive jurisdiction clause in favour of Monaco, unresolved issues of consent, and inadequate pleadings addressing the contractual relationship.

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 and refused in part
Legal Topics
Copyright Infringement, Service Out of Jurisdiction, Jurisdiction Clauses, Limitation of Actions
Intellectual Property Civil Procedure Conflict of Laws Copyright Infringement Service Out of Jurisdiction Jurisdiction Clauses Limitation of Actions

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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 the alleged copyright infringement
  3. 3 Whether the claims fall within the appropriate jurisdictional gateway under CPR PD 6B §3.1(9)

Ratio Decidendi

Permission to appeal was granted in respect of the claims against Google LLC relating to caching and hotlinking, as there was a good arguable case that English law applied, the claims fell within the jurisdictional gateway, and England and Wales was the proper forum. Permission to appeal was refused for claims against Monaco Telecom and related claims against Google, due to the existence of an exclusive jurisdiction clause in favour of Monaco, unresolved issues of consent, and inadequate pleadings addressing the contractual relationship.

Court Disposition

Permission to appeal granted in part and refused in part

Orders

  • Permission to appeal granted as regards claims against Google LLC relating to caching and hotlinking of images
  • Permission to appeal refused as regards claims against Monaco Telecom SAM and related claims against Google LLC