Cartier International AG & Ors v British Sky Broadcasting Ltd & Ors [2016] EWCA Civ 658
This was an appeal from the decision of Arnold J. It concerned the jurisdiction to grant Internet Blocking Orders and the applicable threshold requirements. The Court held that the jurisdiction was available under section 37 of the Supreme Court Act and could give effect to the provisions of Art 11 of the Enforcement Directive. Mr Justice Arnold had correctly identified the threshold requirements from the provisions of related European legislation. On the question of where the costs of implementation should lie, the Court was split. By a majority the Court held that the costs lay with the ISPs as an aspect of their business and as a consequence of the protections given to them in that business by other, related European legislation.
Benet Brandreth, led by Adrian Speck QC, appeared for the successful Claimants both at First Instance and in the Court of Appeal.