Genius Sports Technologies Limited & Ors. v Soft Construct (Malta) Limited & Ors.

Genius Sports Technologies Limited & Ors. v Soft Construct (Malta) Limited & Ors.

There are no special or exceptional circumstances to justify alternative service on D10 and D12; the delays of the Hague Service Convention must be accepted. The application for alternative service is refused. Costs of the failed application for joinder are awarded to the defendants, summarily assessed at £70,000, payable within 14 days.

Parties
Claimant: Genius Sports Technologies 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
Civil / Interlocutory Application for Alternative Service and Costs
Outcome
Application for alternative service refused; costs awarded to defendants.
Legal Topics
Alternative Service, Joinder of Parties, Costs, Hague Service Convention
Civil Procedure Intellectual Property Alternative Service Joinder of Parties Costs Hague Service Convention

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Parties

Genius Sports Technologies 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

Civil / Interlocutory Application for Alternative Service and Costs

Legal Issues

  1. 1 Whether alternative service should be permitted for D10 and D12 under the Hague Service Convention
  2. 2 Whether there are special or exceptional circumstances justifying alternative service
  3. 3 Entitlement to costs for failed application for joinder

Ratio Decidendi

There are no special or exceptional circumstances to justify alternative service on D10 and D12; the delays of the Hague Service Convention must be accepted. The application for alternative service is refused. Costs of the failed application for joinder 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 on D10 and D12 refused.
  • Claimants to pay defendants £70,000 in costs within 14 days.