Case Nos: IL-2023-000080 and IL-2024-000038 - [2025] EWHC 2561 (Ch)
Fecha: 10-Oct-2025
The defendants’ skeleton arguments
The defendants’ skeleton arguments
The parties were ordered to file their skeleton arguments by Friday 28 March 2025. No skeleton was filed on behalf of the defendants by that date. On 31 March 2025 the defendants filed and served two skeleton arguments, one for each of the claims. They are not signed and are clearly not finalised, being very much in draft form. Their content and style suggest that they were drafted by counsel. It is possible that the counsel concerned did not authorise their use (see below). If not, pursuant to s.45(1) of the Copyright, Designs and Patents Act 1988 there is no difficulty from a copyright perspective. Junior counsel for IDDQD was unable to find any other reported barrier to their use by the defendants.
I indicated to counsel for the claimants that they should treat the arguments raised on those skeletons as arguments advanced by the defendants at the trial unless Mr Smith stated otherwise.
- 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