Practice – Service out of the jurisdiction. The facts alleged in the particulars of claim, alleging that the defendant (Google) breached the duty imposed by s 4(4) of the Data Protection Act 1998 by secretly tracking the internet activity of Apple iPhone users, collating and using the information it obtained by doing so, and then selling the accumulated data, did not support the contention that the claimant or any of those whom he represented had suffered 'damage' within the meaning of s 13. Accordingly, the Queen's Bench Division refused the claimant permission to serve the proceedings on Google.