Football Dataco Ltd & Ors v Yahoo! UK Ltd

The declaration was to refer to the EU fixture lists, rather than fixture lists generally. The claimants’ remaining arguments were rejected. A one-month publicity order was made, with specified wording and website placement. The issue of intellectual creation was treated as part of the issues properly before the lower court and did not justify a special costs order. The defendants received their costs, with interest at the commercial rate and an interim payment of £290,000.

Football Dataco Ltd and others appealed against a decision of the High Court of Justice, Chancery Division, before Mr Justice Floyd. The supplied transcript records issues concerning the wording of a declaration, arguments on intellectual creation, a publicity order, costs and interest. It does not provide the lower court’s citation or detailed factual background. The Court of Appeal was required to determine the appropriate declaration and consequential orders across four appeals.

1. The appeals were disposed of differently. Appeals 1381 and 1382 were dismissed. Appeals 1389 and 1483 were allowed.
2. As to the declaration, the reference was to be narrowed from fixture lists generally to the EU fixture lists. The claimants’ other arguments were rejected. [1]
3. A publicity order was made for one month on the websites of Football Dataco Limited, Football League Limited and PA Sport UK Limited. The order could operate by a link from the home page. The link was to use wording stating that there were no EU rights in fixture lists. [2]
4. The issue of intellectual creation was part of the issues properly before the judge. The court therefore made no special costs order. The defendants were awarded their costs of all the proceedings. [3]
5. Interest was ordered at the commercial rate rather than the judgment rate. An interim payment of £290,000 was ordered towards the costs claimed. [4]

• Court of Appeal (Civil Division): Appeals from the High Court of Justice, Chancery Division, before Mr Justice Floyd. Appeals 1381 and 1382 were dismissed; appeals 1389 and 1483 were allowed.