High Court refuses to dismiss, on grounds of jurisdiction, claim by Irish airline against UK travel agent arising from alleged "screen scraping" (i.e. use of automated system to extract data from web site).
Claim for declaration that terms and conditions on airline's website were binding on defendant travel agency - claim for damages for alleged breach of contract and various torts - challenge to jurisdiction of courts - use of automated system to extract data from web site ("screen scraping") - Council Regulation (EC) No. 44/2001 dated 22nd December, 2001 (Brussels 1 Regulation) - Article 5(1) and/or Article 5(3) and/or Article 23(1) - Directive 2000/31/EC (E-commerce directive) - European Communities (Directive 2000/31/EC Regulations) 2003 (S.I. No. 68 of 2003) - whether High Court should depart from previous decision of the court - choice of jurisdiction clause - whether parties had consented to the jurisdiction of the Irish courts - whether defendants had agreed to the courts of Ireland having exclusive jurisdiction - whether contract came under head of international trade or commerce - whether practice existed in branch of trade or commerce in which parties were operating - practice of clicking box assenting to terms of agreement - availability of terms of use - whether defendant was aware of the practice - whether defendant acting as agent for principal - whether issue of agency was relevant - whether agent bound by jurisdiction clause - place of performance of contractual obligations contended for - alleged tortious activity.