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Chancery Division of the High Court
Case Nos: IL-2023-000080 and IL-2024-000038 - [2025] EWHC 2561 (Ch)
Fecha: 10-Oct-2025
The Consumer Rights Act 2015
As in the RMG proceedings, the defendants’ pleaded reliance on the 2015 Act was not referred to in their draft opening skeleton argument or orally or in writing at the trial.
I refer to what I have said in respect of the RMG action. Mr Smith was at no time acting as a consumer in relation to his contract with IDDQD. The downloading of data from the GBR Database was for the purpose of adding to and enhancing the GetAddress Database for marketing to Mr Smith’s and then Codeberry’s customers.
- 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