Want to talk to an expert employment law solicitor?

You'll receive a callback from a specialist within an hour

In this post we’ll take a look at the case of Golden Eye (International) Ltd & Anor v Telefonica UK Ltd , which was handed down from the High Court Chancery Division yesterday (26 March 2012). This case concerns the attempt by Golden Eye (International) Ltd & Anor (“the Claimant”) to force Telefonica UK Ltd (also known as “O2”) (“the Defendant”) to disclose the identity of 9,124 IP addresses through the granting of a “Norwich Pharmacal” order.

The facts in Golden Eye (International) Ltd & Anor v Telefonica UK Ltd

The Defendant provides a number of services in the UK but the service relevant to this case is its provision of internet services to customers as an Internet Service Provider (“ISP”). The Claimant believes that copyright in a number of its works has been infringed by customers of the Defendant, primarily by sharing the Claimant’s copyrighted work over Peer to Peer (“P2P”) networks. The Claimant is not alleging any tort being committed by the Defendant but is seeking disclosure of the identity of the identity of 9,124 of its clients that match the IP addresses provided by the Claimant. The Claimant is therefore seeking an Order from the High Court known as a “Norwich Pharmacal” Order. However, a key consideration for the Court in granting such an Order is the balancing of the various rights of both those seeking the Norwich Pharmacal Order and those provisionally subject to the Norwich Pharmacal Order.

The law relating to Norwich Pharmacal Orders

Norwich Pharmacal Orders may be granted if the following five conditions (espoused in Rugby Football Union v Viagogo Ltd) are satisfied:

  1. That an arguable wrong has been committed against the Claimant
  2. That the Defendant is mixed up in the arguable wrong
  3. That the Claimant is intending to seek redress for the wrong
  4. That the disclosure of the information which the Claimant required is necessary for it to pursue that redress; and
  5. That the Court is satisfied that it should exercise its discretion in favour of granting relief

The High Court’s decision in Golden Eye (International) Ltd & Anor v Telefonica UK Ltd

The High Court considered that the test in Rugby Football Union v Viagogo Ltd had been met. An arguable wrong had been committed against the Claimant as its rights in its copyrighted work had potentially been infringed by clients of the Defendant. The Defendant was (and possibly still is) mixed up in the arguable wrong as its clients potentially had (and potentially still are) sharing the copyrighted works through the internet service provided by the Defendant. Golden Eye (International) Ltd & Anor are attempting to seek redress for the arguable wrong – this much was clear from its “speculative invoicing” draft letter and that it was attempting to address alleged infringements of its copyrighted work. The High Court further believed it absolutely necessary for the Claimant to pursue the claim that the information that the Defendant possesses be disclosed, and also that the granting of the Norwich Pharmacal Order was proportionate in the circumstances.

About Chris Hadrill

Chris is a specialist employment lawyer at Redmans. He specialises in contentious and non-contentious employment matters, including breach of contract claims, compromise agreements and Employment Tribunal cases. He writes on employment law matters on a variety of websites, including Direct 2 Lawyers, Lawontheweb.co.uk, LegalVoice, the Justice Gap and his own blog. Contact Chris by emailing him at chadrill@redmans.co.uk

Want to talk to an expert employment law solicitor?

You'll receive a callback from a specialist within an hour

Share →

Leave a Reply

Your email address will not be published. Required fields are marked *

 

Our awards

Request a callback

    Your first name (required)

    Your last name (required)

    Your email (required)

    Your telephone number (required)

    Brief details of your enquiry

    Contact us

    Please feel free to discuss your own position and concerns. Contact your nearest office on:

    T: 020 3397 3603
    E: enquiries@redmans.co.uk
    W: www.redmans.co.uk

    Testimonials

    4.78 Average

    269 Reviews

    Sue W

    The people at Redmans talk to you with respect and make you feel like they take your situation personal. They clearly care and are extremely professional. I have recommended Redmans to many people.

    Posted 4 days ago

    Anonymous

    Redmans Solicitors were consistently prompt, efficient and professional from the start of my reaching out to them for support in relation to contentious negotiations of an employment matter that continued for almost two months resulting in a positive settlement agreement. Chris Hadrill was diligent, thorough, empathetic and objective in his advice and guidance, showing deep and broad knowledge of the law and legal processes plus extensive practical experience in handling complex matters, resulting in clear and pragmatic advice in ambiguous circumstances that resulted in a very good outcome. I fully recommend Chris Hadrill and Redmans Solicitors! I have made this review anonymous purely because of the confidentiality obligations in the settlement agreement concluded.

    Posted 1 month ago

    Michelle W

    Redmans solicitors provided legal support and advice for a settlement agreement. Excellent customer service, very professional. The senior associate solicitor kept me updated throughout the process, showed empathy and the agreement was signed-off / completed within the agreed timeline.

    Posted 1 month ago

    Mark W

    Redmans Solicitors were extremely professional and helpful! Chris Hadrill handled my case and was an amazing help! His guidance, advice and understanding to my redundancy settlement were always clear, concise and very helpful and I am very grateful to him, and glad I found Redmans to help with my settlement. I highly recommend them!

    Posted 1 month ago

    Alison M

    Very happy with the advice I received

    Posted 1 month ago

    Margaret A

    I found everything about the company to be extremely professional and efficient. During my initial contact with Chris, he listened well and was reassuring, so I felt confident that my case would be well handled. Caroline was excellent at explaining all the legal points and answering my questions, as well as being very supportive and understanding throughout the process. I would definitely recommend this company.

    Posted 1 month ago

    Sanja K

    Very efficient and professional service.

    Posted 1 month ago

    Anonymous

    I found the advice I was given by Redmans Solicitors to be clear and useful and found the solicitor on my case to be both knowledgeable and approachable.

    Posted 1 month ago

    Karen T

    Great service. Thank you.

    Posted 1 month ago

    Anonymous

    Excellent service from Chris & Mel Chin. The best outcome was achieved from the redundancy process. They were extremely thorough, listened carefully and acted swiftly on my behalf. I highly recommend Redmans Solicitors

    Posted 1 month ago

    Shanine M

    Excellent service, thank you so much!

    Posted 1 month ago

    Anonymous

    I found Caroline and Chris very Helpful and provided excellent service. Caroline especially provided great legal advice and made me feel at ease with the whole process. I would highly recommend them. Thank you!

    Posted 1 month ago

    Gayle B

    Excellent company very professional would definitely recommend

    Posted 1 month ago

    Alex K

    Redmans provided an excellent service, timely and effective. Will definitely recommend.

    Posted 1 month ago

    Anonymous

    Great job done on my employment law

    Posted 1 month ago

    Dominica S

    Caroline & Chris were very prompt and efficient.Very happy with the service and will definitely recommend Redmans Solicitor to everyone !

    Posted 1 month ago

    Sandra K

    If you are looking for a group of solicitors who are Professional, Caring and on point, then look no futher than Redmans. I was literally hand held through out my case. Can not find fault with this company, very happy with the result and the service i received. Would highly recommend Redmans.

    Posted 1 month ago

    Anonymous

    I found dealing with Redmans a pleasure. I got to speak to someone quickly, the advice was profferred promplty and the service was not 'pushy'. In addition, the administration was excellent. What more could you ask for?

    Posted 1 month ago

    ALISDAIR L

    Redmans did a brilliant job regarding my redundancy agreement. I miss read an extra charge which wasnt the case so doing a new review to clarify. I would recommend Redmans for any employment law issues you may have.

    Posted 2 months ago

    Christos G

    Great legal advice and quick correspondence. Very supportive and helpful through the entire process. Thank you Redmans!

    Posted 2 months ago

    Anonymous

    Chris Hadrill advised me on a redundancy settlement agreement. He was very responsive, easy to deal with and gave me good advice at a stressful time.

    Posted 2 months ago