Legal News

Privacy claims and retrospective service (BVC v EWF)

Published on: 17 October 2018
Published by: LexisPSL
  • Privacy claims and retrospective service (BVC v EWF)
  • What was the background?
  • What did the court decide?
  • Timing of the application to dispute jurisdiction
  • Whether the court had jurisdiction
  • Service by email
  • Comment
  • Case details

Article summary

Dispute Resolution analysis: The court allowed a litigant in person an extension of time to dispute jurisdiction of the court although ultimately the application failed—the court applying the ‘centre of interests’ doctrine to assume jurisdiction in the privacy claim. The claim for misuse of private information fell within Article 5(3) of the Lugano Convention and it had been proved to the required standard that a real and substantial tort had been committed within the jurisdiction. The court granted a retrospective order for service by email in Switzerland of the claim form and interim injunction. The high threshold for retrospective service having been met in the circumstances of this case. or take a trial to read the full analysis.

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