The Rugby Football Union v Consolidated Information Services Limited (Formerly Viagogo Limited) (In Liquidation)

The Rugby Football Union has scored a Supreme Court victory which ends its long-running battle with online ticket broker Viagogo.

The central issue for the Supreme Court was whether the High Court had been right to grant a Norwich Pharmacal order in April 2011 requiring disclosure of the identity of all persons who had advertised for sale or sold tickets for the 2010 Autumn international and 2011 Six Nations matches at Twickenham on Viagogo’s website.  Viagogo maintained that the High Court and the Court of Appeal had applied too lenient a test of proportionality, given the EU data protection rights of those whose identities were to be disclosed.  In a judgment handed down on 21 November 2012, the Supreme Court unanimously rejected this argument, Lord Kerr of Tonaghmore holding that (paragraph 45):

“The entirely worthy motive of the RFU in seeking to maintain the price of tickets at a reasonable level not only promotes the sport of rugby, it is in the interests of all those members of the public who wish to avail of the chance to attend international matches. The only possible outcome of the weighing exercise in this case, in my view, is in favour of the grant of the order sought.”

The Supreme Court’s judgment sets a precedent which other sports governing bodies and event organisers will rely on in future against online ticket brokers.  It is also notable for: (1) the Court’s restatement of the Norwich Pharmacal principles (paragraphs 14 to 18); (2) the Court’s endorsement of a broad approach when considering whether rights under the EU Charter of Fundamental Rights are engaged (paragraph 28); and (3) the Court’s holding that the broader context, including deterrence, is a relevant consideration when assessing the proportionality of a Norwich Pharmacal order (paragraphs 33 to 45).

Lord Pannick QC and James Segan acted for the RFU in the Supreme Court.
Ian Mill QC and James Segan acted for the RFU in the Court of Appeal.
Andrew Green QC acted for the RFU in the High Court.