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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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With the Court of Appeal upholding the High court ruling (re

Resolved Question:

With the Court of Appeal upholding the High court ruling (re their unauthorised implanting of cookies in the Safari search engine) allowing uk individuals to sue Google in the uk, does this set a Legal precedent to allow uk residents to sue American companies here in the uk rather than having to pursue them through the US courts?
I invested a substantial (to me) sum of money as Start up capital in a company with my eldest son & wife 3 1/2 years ago, as a (prior) verbally agreed via live video link Skype with Shareholder documentation & income to follow. Despite this company being VERY successful, I have received NO Shareholder documentation or income since, with them cutting off all communication with me. I am a pensioner, & they took the balance of my pension pot, making me homeless & financially destitute in the process, laughing at me saying they know I can't afford to go to the States to pursue them.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

The Jugdment can be found here:

Alex Watts :

http://www.bailii.org/ew/cases/EWHC/QB/2014/13.html

Alex Watts :

What this Judgment deals with is jurisdiction issues under the Data Protection Act.

Alex Watts :

In short the Data Protection Act applies to UK residents. Therefore as Google/Safari was being used in the UK, the CoA said that UK law did apply.

Alex Watts :

So its not a floodgate argument that allows anyone to sue any foreign company. This case was quite specific.

Alex Watts :

I assume the people you are pursuing is in the USA?

Alex Watts :

If that is so then sadly you would need to issue proceedings there.

Alex Watts :

If these people own assets in the UK then you could sue in the UK at the last known address.

Alex Watts :

But as it stands if they reside in the USA because Google was a Data Protection Act issue and yours is a contractual dispute, that case is not the same and the legal precedence can not necessarily be relied upon.

Alex Watts :

I am sorry if this is not necessarily the answer you want and certainly not the one I want to give you, but I have a duty to be honest

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

No, their assets are totally US based unfortunately, so you have confirmed my fears that I still have to pursue them tro the Us Courts as I suspected, but was just hopeful not!! thx for your help

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