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 name

Your email

Your telephone number

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

143 Reviews

Liz P

An excellent professional service was provided by Chris Hadrill and Mel Chin. Efficient and trustworthy - would highly recommend this company.

Posted 1 week ago

Anonymous

Redmans Solicitors were great. They were able to advice me quickly and efficiently! I would recommend them, as a good solicitors to use.

Posted 1 week ago

Anonymous

Extremely efficient. Mel made a difficult situation bearable and gave good clear guidance thoughout.

Posted 2 weeks ago

Anonymous

Thanks Chris and Sacha I was reassured throughout the process and a happy outcome

Posted 2 weeks ago

Edward F

Good and clear employment advice

Posted 2 weeks ago

Richard O

Chris at Redmans is my go-to legal expert when it comes to employee-related matters. His depth of knowledge, experience and considered approach to problems and their solutions is highly valuable. I cannot recommend Redmans highly enough.

Posted 3 weeks ago

Rory Y

They provide me with timely and clear advice!

Posted 4 weeks ago

Steven C

Redmans handled my settlement with my employer quickly, decisively and to a standard that I was very happy with. I would in similar circumstances contract them again

Posted 4 weeks ago

Deepthi K

Transparent. Clear communication. Prompt reply’s. Saves lot of time. Very satisfied.

Posted 4 weeks ago

Anonymous

Chris and Sacha did a fantastic job and negotiated a significant better settlement agreement

Posted 4 weeks ago

Dino D

I did get a very swift and god service from Redmans

Posted 4 weeks ago

Stephanie H

Clear, prompt, effective support from Chris which has been very much appreciated. Thank you again.

Posted 1 month ago

Anonymous

I would highly recommend Redmans Solicitors, the team were very friendly and my case was dealt with professionally and efficiently. Thank you!

Posted 2 months ago

Shane M

Very professional, welcome advice at a crucial time. Always available and reasonable cost.

Posted 2 months ago

Anonymous

My case was relatively straight-forward. But even so, working with Redmans was easy, quick, professional & clear. Many thanks

Posted 2 months ago

Anonymous

The team were very helpful and answered all my questions regarding my redundancy. Initially I had a call with one of the representatives who escalated my request to a suitable employment solicitor. We arranged a call to discuss the settlement and she helped answer all my questions. We then mainly contacted through email which helped resolve the settlement quickly and convently. Thanks for all the help.

Posted 2 months ago

Djaouida T

You have good communication.

Posted 2 months ago

Anonymous

Fast and professional. A highly recommended company for employment related issues.

Posted 2 months ago

Anonymous

Very professional service.

Posted 2 months ago

Brittany

I was very grateful for Redmans to treat my case with respect and discretion. At the time, I was very new to London and it was meaningful to have someone on my side and win the case for me. Without any doubt, I would definitely recommend Redmans Solicitors to anyone who is in need of it.

Posted 10 months ago

Jake L

Chris is very professional and calm. Very attentive and patient, been a positive experience having Chris represent me, and would recommend him.

Posted 11 months ago