Aeropay Ltd & Anor v Bentolila, Court of Appeal - Queen's Bench Division, November 26, 2008, [2008] EWHC 3057 (QB)

Reporting Judge: [2008] EWHC 3057 (QB)

President: Aeropay Ltd & Anor v Bentolila

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Extract

Aeropay Ltd & Anor v Bentolila, Court of Appeal - Queen's Bench Division, November 26, 2008, [2008] EWHC 3057 (QB)

SMITH BERNAL WORDWAVE

Neutral Citation Number: [2008] EWHC 3057 (QB)

Claim No. HQ07X01963

IN THE HIGH COURT OF JUSTICE

QUEEN'S BENCH DIVISION

St Dunstan's House

Fetter Lane

London

EC4A 1HD

Date: 26th November 2008

Before:

MR D DONALDS0N QC

(sitting as a Deputy Judge of the Queen's Bench Division)

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BETWEEN:

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(Transcript of the Judgment of

WordWave International Limited

A Merrill Communications Company

190 Fleet Street, London EC4A 2AG

Tel No: 020 7404 1400, Fax No: 020 7831 8838

Official Shorthand Writers to the Court)

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MR HARRY MATOVU (instructed by Manches LLP) appeared on behalf of the Claimants

MR WILLIAM BENTOLILA appeared in person

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Judgment

1. MR DONALDSON: The second claimant, who I shall call PacNet, is the subsidiary of a Canadian company called PacNet Services Ltd. The PacNet Group processes large volumes of small value payments, in particular in foreign currencies, on behalf of international companies such as direct mail companies, internet retailers or publishers, such payments being made by cheque, credit or debit card or electronic transfer.

2. The second claimant operates from offices in Shannon, in Ireland, and handles payment processing across Europe, mainly in the UK, France and Germany.

3. In 2006 PacNet was considering the provision of a new service for its clients concerning pre-paid debit cards. The concept was that customers of PacNet's clients could credit or load the cards with a sum of money whic...

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