West Midlands International Airport Ltd v LCS Cars, Court of Appeal - Nominet UK Dispute Resolution Service, June 22, 2005, [2005] DRS 02484

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West Midlands International Airport Ltd v LCS Cars, Court of Appeal - Nominet UK Dispute Resolution Service, June 22, 2005, [2005] DRS 02484

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West Midlands International Airport Ltd v LCS Cars [2005] DRS 02484 (22 June 2005)

Nominet UK Dispute Resolution Service

DRS 02484

west midlands international airport limited

- AND -

LCS CARS

RE: COVENTRYAIRPORTCARPARKING.CO.UK

Decision of Independent Expert

Parties:

Abbreviations used in this decision:

Procedural Background:

1. The Complaint was lodged with Nominet on 21st March 2005 and hard copies were received on 22nd March 2005.

2. Nominet validated the Complaint on 29th March 2005.

3. On 27th January 2005, Nominet sent the complaint to

(a) The Respondent's addresses by post;

(b) By fax;

(c) By e-mail to the Respondent's email address listed in Nominet's database and

(d) By e-mail to postmaster at the Domain Name (returned undelivered).

4. The Respondent filed a Response by email and in hard copy on 21st April 2005. It appears that the Respondent had been given an extension of time for filing its response by Nominet, but I have no details of this extension, however, no complaint is made concerning it, and it does not appear to have caused any prejudice to the Complainant. In the circumstances, I will treat it as valid.

5. The Complainant did not serve a Reply. Mediation was attempted and, I assume failed. I have not been told any details of the mediation process.

6. On 2nd June 2005, the Complainant paid the fee in order to obtain a decision of an independent expert.

7. On 6th June 2005, I confirmed to Nominet that I knew of no reason why I could not properly accept the invitation to act as expert in this case and further confirmed that I knew of no matters which ought to be drawn to the attention of the parties, which might appear to call into question my independence and/or impartiality. I did not receive a reply, and sent a further email on 7th June 2005 re-confirming the above matters in response to w...

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