Important decision of Court of Appeal

Please see attached an important decision of Court of Appeal (Goddard J) in the Viagogo case upholding the Commission’s appeal (against the judgment of Courtney J who had held there was no jurisdiction to grant an interim injunction against an overseas defendant prior to service (particularly in a situation where the overseas defendant has advised that it intends to protest jurisdiction).

The Court of Appeal in a well reasoned and persuasive judgment confirm that it is not essential that an overseas defendant be served before urgent interim relief can be granted by the Court.

Nor will an overseas defendant’s intention to protest jurisdiction be a bar to urgent relief (although the Court will appropriately take into account on a preliminary basis the factors relevant to such a protest under High Court rule 6.29- see [92] of judgment).

The judgment also provides helpful guidance for future cases.