The claimant sought damages from the defendant alleging abuse of email systems by sending large quantities of email spam. The defendant argued that the claimant had suffered no damage and had no standing to make a claim.
Held: The claim could proceed. The threshold question was determined according normal principles in deciding whether a private person, whether a natural person or a corporation, had a cause of action. If the claimant fell within the class of persons for whose protection the relevant requirements were imposed he had standing. The court must also be satisfied that the terms imposed enabled a claim to be brought. Microsoft was within that class and a person who had been caused damage by the sending of unsolicited electronic mail was able, in addition to or in lieu of compensation, to claim an injunction.
Judges:
Lewison J
Citations:
Times 26-Jan-2007
Jurisdiction:
England and Wales
Torts – Other
Updated: 24 October 2022; Ref: scu.248816
