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England and Wales High Court (Queen's Bench Division) Decisions
You are here: BAILII >> Databases >> England and Wales High Court (Queen's Bench Division) Decisions >> Hegglin v Person(s) Unknown & Anor  EWHC 2808 (QB) (31 July 2014)
Cite as:  EWHC 2808 (QB)
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QUEEN'S BENCH DIVISION
Strand, London, WC2A 2LL
B e f o r e :
| DANIEL HEGGLIN
|- and -
|(1) PERSON(S) UNKNOWN
(Being the person(s) responsible for publication of Schedule A to the Order)
|- and -
|(2) GOOGLE INC
1st Floor, Quality House, 6-9 Quality Court, Chancery Lane, London WC2A I HP.
Telephone No: 020 7067 2900 Fax No: 020 7831 6864
DX 410 LDE firstname.lastname@example.org
MR. ANDREW CALDECOTT QC and MS. CATRIN EVANS (instructed by Pinsent Masons LLP) for the Second Defendant
The First Defendant did not appear and was not represented.
Crown Copyright ©
MR. JUSTICE BEAN:
"to prevent the processing of personal data of the claimant which is inaccurate and/or which is causing or is likely to cause him substantial damage or substantial distress."
(1) The claimant must satisfy the court that there is a serious issue to be tried on the merits of the claim. In other words, there has to be a real as opposed to a fanciful prospect of success on the substantive claim.
(2) The claimant must satisfy the court that there is a good arguable case that the claim against the foreign defendant falls within one or more of the classes of case for which leave to serve out of the jurisdiction may be given. "Good arguable case" in this context means that the claimant has a much better argument than the foreign defendant. Where a question of law arises in connection with the dispute about service out of the jurisdiction and that question of law goes to the existence of the jurisdiction, e.g. whether a claim falls within one of the classes set out in paragraph 3.1 of Practice Direction 6B, then the court will normally decide the question of law as opposed to seeing whether there is a good arguable case on that issue of law.
(3) The claimant must satisfy the court that, in all the circumstances, England is clearly or distinctly the appropriate forum for the trial of the dispute and that the court ought to exercise its discretion to permit service of the proceedings out of the jurisdiction. Where a claimant seeks leave to serve proceedings on a foreign defendant out of the jurisdiction, the task of the court is to identify the forum in which the case can be suitably tried for the interests of all the parties and for the ends of justice. In such a case, the burden is on the claimant to persuade the court that England is clearly or distinctly the appropriate forum.
"(2) A claim is made for an injunction ordering the defendant to do or refrain from doing an act within the jurisdiction.
(3) A claim is made against a person ('the defendant') on whom the claim form has been or will be served (otherwise than in reliance on this paragraph) and -(a) there is between the claimant and the defendant a real issue which it is reasonable for the court to try; and(b) the claimant wishes to serve the claim form on another person who is a necessary or proper party to that claim.
(9) A claim is made in tort where -(a) damage was sustained within the jurisdiction; or(b) the damage sustained resulted from an act committed within the jurisdiction."
"3.1(2) A claim is made for an injunction ordering the defendant to do or refrain from doing an act within the jurisdiction."
"3. 1(9) A claim is made in tort where -(a) damage was sustained within the jurisdiction; or(b) the damage sustained resulted from an act committed within the jurisdiction."
"3.1(3) necessary and proper party"