YZ v Google Incorporated & Ors [2015] NIQB 103 (18 December 2015)

YZ v Google Incorporated & Ors [2015] NIQB 103 (18 December 2015)

A good arguable case exists that the claims against Google fall within the jurisdictional gateways for service out of jurisdiction, Google is a necessary party, and Northern Ireland is the appropriate forum. There are serious issues to be tried for misuse of private information and breach of the Data Protection Act 1998.

Citation
[2015] NIQB 103
Parties
Plaintiff: YZ; Defendant: Google Incorporated; Defendant: AUT O’MATTIC A8C Ireland Ltd t/as Wordpress.com; Defendant: Persons operating under the pseudonym Uniform Resource Locator https://fathermurphy.wordpress.com
Jurisdiction
Northern Ireland
Judgment Date
18 December 2015
Procedural Posture
Ex Parte Application for Leave to Serve Proceedings Out of Jurisdiction / Application for Leave to Serve Out of Jurisdiction
Outcome
Leave granted to serve proceedings out of jurisdiction on Google Incorporated.
Legal Topics
Misuse of Private Information, Data Protection, Breach of Confidence, Jurisdiction, Service Out of Jurisdiction
Privacy Law Data Protection Tort Law Human Rights Misuse of Private Information Breach of Confidence Jurisdiction Service Out of Jurisdiction

Case Brief

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Parties

YZ

Plaintiff

Google Incorporated

Defendant

AUT O’MATTIC A8C Ireland Ltd t/as Wordpress.com

Defendant

Persons operating under the pseudonym Uniform Resource Locator https://fathermurphy.wordpress.com

Defendant

Procedural Posture

Ex Parte Application for Leave to Serve Proceedings Out of Jurisdiction / Application for Leave to Serve Out of Jurisdiction

Legal Issues

  1. 1 Whether leave should be granted to serve proceedings out of jurisdiction on Google Incorporated
  2. 2 Whether Google is a necessary or proper party to the claim
  3. 3 Whether the claims fall within the relevant jurisdictional gateways under Order 11 Rule 1

Ratio Decidendi

A good arguable case exists that the claims against Google fall within the jurisdictional gateways for service out of jurisdiction, Google is a necessary party, and Northern Ireland is the appropriate forum. There are serious issues to be tried for misuse of private information and breach of the Data Protection Act 1998.

Court Disposition

Leave granted to serve proceedings out of jurisdiction on Google Incorporated.

Orders

  • Leave to serve proceedings out of jurisdiction on Google Incorporated under Order 11 of the Rules of the Supreme Court (NI) 1980