Case Nos: IL-2023-000080 and IL-2024-000038 - [2025] EWHC 2561 (Ch)

Fecha: 10-Oct-2025

Interim appeals

Interim appeals

This judgment has been delayed by appeals from some of the many interim orders in these proceedings. The last of them was an application for permission to appeal from the Order of Master Pester dated 7 February 2025. By an Order of Marcus Smith J dated 30 September 2025 permission was refused.

Heading
Judge Hacon
Interim appeals
Representation
The defendants’ skeleton arguments
Applications during the trial
The witnesses
Database Right – the law
Application of EU law
Definition of database
Subsistence
Ownership
Infringement
Substantiality
Extraction
Re-utilisation
Consultation
Consent
Regulation 19 of The Database Regulations
EU law and estoppel, laches and acquiescence
Copyright – the law
Applicability of EU law
Subsistence of copyright in a database
Transitional provisions
The consequence of amendments to a database
Ownership of copyright
Infringement of copyright
Issuing copies to the public
Communication to the public
Making an adaptation
Authorisation
Use of the PAF by RMG
The defendants’ case in summary
RMG’s claim in summary
Database Right
The creation and maintenance of the GetAddress Database
Consultation
Whether the defendants had a licence granted by RMG
The relevance of RMG’s End User Terms
Whether RMG otherwise consented to use of the PAF
Regulation 19 of the Database Regulations
The Consumer Rights Act 2015
Restraint of trade
Copyright
Subsistence and ownership
Infringement
Limitation
Joint liability
Additional damages
IDDQD’s claim
Database right
The contracting party in the agreement with IDDQD
Whether either RMG’s or IDDQD’s licence extended to Codeberry
Whether the acts of the defendants were licensed under IDDQD’s terms
Regulation 19 of The Database Regulations
The Consumer Rights Act 2015
Infringement of database right
Joint liability
Breach of contract
Cause of action in respect of the RMG EUT
Breach of the RMG EUT
Clarity of the RMG EUT
Restraint of trade
Conclusions