Discussion in 'Domain Name Disputes' started by Whois-Search, Nov 15, 2007.
Worth a read:
cheers, pretty interesting. read first couple pages then scanned.
so , was a breach of contract not drs at all & they dismissed?
quite right so if case, they would need to pursue in the claims courts surely?
not sure how it works, Brit law and US law are diferent. he shouldn't have backed out of a deal though and he approached them to remind them. bit of a mug the bloke obviously. why agree to deal THEN do his homework? Fool
Incidentally, when a case like this is brought, how much would this have cost the complainant?
Also, had they won, how much would drs have charged the respondant ?
£750 + VAT for the initial DRS
£3000 + VAT for the appeal
plus any associated costs for any legal advice etc they may have sourced.
An interesting read that raises some interesting questions...
...so does this now open the door for an aplication for Judicial Review against Nominet? :twisted:
...odd - doesn't this exactly highlight one of the key issues with the DRS, ie; very similar contractual issues, but in one because the Respondant doesn't reply to the complaint it looks like you get some form of 'Default Transfer' and in the latter the 'experts' decide:
All very odd if you ask me. :???:
Read old thread too...
If this seller had gone on to complete the paperwork, and then submitted it to Nominet, then in much the same way that Nominet appear to state that contractual matters are beyond its remit, if the seller subsequently tried to then pursuade Nominet not to complete the transfer, then whether the Escrow payment had gone through or not, Nominet would not be in a legal position to prevent the transfer, as it was not a party to this contract.
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