Genius Sports Technologies Ltd & Ors v Soft Construct (Malta) & Ors [2022] EWHC 1620 (Ch) (29 March 2022)

Genius Sports Technologies Ltd & Ors v Soft Construct (Malta) & Ors [2022] EWHC 1620 (Ch) (29 March 2022)

The application for alternative service is refused because delay inherent in the Hague Service Convention does not amount to special or exceptional circumstances, and comity between nations outweighs procedural expediency. Costs for the failed application are awarded to the defendants, summarily assessed at £70,000, payable within 14 days.

Citation
[2022] EWHC 1620 (Ch)
Parties
Claimant: Genius Sports Technologies Limited (previously known as Genius Sports Limited); Claimant: Betgenius Limited; Claimant: Genius Sports Services Limited; Claimant: Genius Sports ANZ Pty Limited; Claimant: Genius Media Inc; Claimant: Genius Sports EOOD; Claimant: Genius Sports Services Eesti OU; Claimant: Genius Sports Services Columbia SAS; Claimant: Genius Sports Network ApS; Claimant: Genius Sports Danmark ApS; Claimant: Data Project SRL; Claimant: Genius Sports LT; Claimant: Genius Sports Asia Pte Limited; Claimant: Genius Sports CH SARL; Claimant: Genius Sports Group Limited; Defendant: Soft Construct (Malta) Limited; Defendant: Royal Panda Limited; Defendant: Vivaro Limited; Defendant: Soft Construct CJSC; Defendant: Soft Construct Ukraine LLC; Defendant: Soft Construct Limited; Proposed Ninth Defendant: Football Dataco Limited
Jurisdiction
England and Wales
Judgment Date
29 March 2022
Procedural Posture
Application for Alternative Service and Costs / Interlocutory (pre Trial)
Outcome
Application for alternative service refused; costs awarded to defendants.
Legal Topics
Alternative Service, Joinder of Parties, Hague Service Convention, Costs Assessment
Civil Procedure Intellectual Property Alternative Service Joinder of Parties Hague Service Convention Costs Assessment

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Parties

Genius Sports Technologies Limited (previously known as Genius Sports Limited)

Claimant

Betgenius Limited

Claimant

Genius Sports Services Limited

Claimant

Genius Sports ANZ Pty Limited

Claimant

Genius Media Inc

Claimant

Genius Sports EOOD

Claimant

Genius Sports Services Eesti OU

Claimant

Genius Sports Services Columbia SAS

Claimant

Genius Sports Network ApS

Claimant

Genius Sports Danmark ApS

Claimant

Data Project SRL

Claimant

Genius Sports LT

Claimant

Genius Sports Asia Pte Limited

Claimant

Genius Sports CH SARL

Claimant

Genius Sports Group Limited

Claimant

Soft Construct (Malta) Limited

Defendant

Royal Panda Limited

Defendant

Vivaro Limited

Defendant

Soft Construct CJSC

Defendant

Soft Construct Ukraine LLC

Defendant

Soft Construct Limited

Defendant

Football Dataco Limited

Proposed Ninth Defendant

Procedural Posture

Application for Alternative Service and Costs / Interlocutory (pre Trial)

Legal Issues

  1. 1 Whether alternative service should be permitted for foreign defendants domiciled in Hague Service Convention countries
  2. 2 Whether there are special or exceptional circumstances justifying derogation from the Hague Service Convention
  3. 3 Assessment of costs for failed application for joinder

Ratio Decidendi

The application for alternative service is refused because delay inherent in the Hague Service Convention does not amount to special or exceptional circumstances, and comity between nations outweighs procedural expediency. Costs for the failed application are awarded to the defendants, summarily assessed at £70,000, payable within 14 days.

Court Disposition

Application for alternative service refused; costs awarded to defendants.

Orders

  • Application for alternative service refused.
  • Claimants to pay defendants' costs of £70,000 within 14 days.