Rugby Football Union v Consolidated Information Services (formerly Viagogo Ltd) [2012] UKSC 55, [2012] All ER (D) 236 (Nov)
Supreme Court, Lord Phillips, Lady Hale, Lord Kerr, Lord Clarke and Lord Reed SCJJ, 21 Nov 2012
The Supreme Court has set out the test for the question of proportionality in the Norwich Pharmacal context between the applicant’s right to property and the respondent’s right to privacy and the protection of data.
Martin Howe QC and Tom Moody-Stuart (instructed by Lewis Silkin LLP) for Viagogo. Lord Pannick QC and James Segan (instructed by Kerman & Co LLP) for the RFU.
The Rugby Football Union (the RFU) had sole responsibility for issuing tickets for international and other rugby matches played at Twickenham. Its terms and conditions stipulated that any resale of a ticket or any advertisement of a ticket for sale at above face value would constitute a breach of contract rendering the ticket null and void. The defendant was a company formerly known as Viagogo Ltd (Viagogo). Viagogo
