The RFU –v- Consolidated Information Services Ltd (Formerly Viagogo Ltd) (In Liquidation)

21 November 2012

Kerman & Co LLP advised the RFU, in their action brought against the online ticket exchange Viagogo. We are delighted to announce that the dispute has now been concluded further to The Supreme Court unanimously dismissing the appeal brought by Viagogo earlier this year. This decision upholds the landmark ruling made by Mr Justice Tugendhat in March 2011.

A Norwich Pharmacal Order was granted by Mr Justice Tugendhat which required Viagogo to disclose the identities of the person or entities who have advertised the sale of and/or sold RFU tickets in breach of ticket terms and conditions. The appeal centred on whether Mr Justice Tugendhat was correct in this landmark ruling and considered the correct threshold to apply when assessing the proportionality of Norwich Pharmacal Orders.

The Supreme Court has set an important precedent for rights holders allowing them to implement their ticketing policy against previously unknown ticket resellers and control pricing, in order to maintain the price of tickets at a reasonable level. We anticipate that the ability for a rights holder to obtain Norwich Pharmacal Relief will eventually act as a deterrent to ticket resellers from advertising and reselling tickets in breach of terms and conditions, as there is now the possibility that their identity will be made available to a rights holder and action taken against them.

Louise Millington-Roberts and Nick Bitel led the Kerman & Co team supported by Suzanne Proctor.