December 3, 2020
GHS Global Hospitality Limited v Webstorm Information Technology & Others
GHS Global Hospitality Limited v Webstorm Information Technology & Others

GHS Global Hospitality Limited v Webstorm Information Technology & Others: on a copyright infringement/breach of confidence/conspiracy claim in the High Court (IP List), we successfully brought an application to set aside email service upon our Indian client (Defendant). The Claimant had obtained an ex parte order in June for alternative service in India by email, citing Covid19 as an exceptional circumstance to circumvent the usual service requirements in India. We applied to set aside that order on the basis that the Hague Convention service requirements should still apply. The court held that although Covid19 is an exceptional circumstance, none of the Indian law evidence from the claimant demonstrated that the pandemic would cause a delay to service beyond that normally to be expected when serving in India in accordance with the Hague Convention (usually around 12 months). It was not therefore incompatible with the administration of justice to require the Claimant to go through the correct service channels.

Tags
Designs & Copyright /  Disputes

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