Website Blocking Orders against ISPs: Practitioner Checklist on s97A CDPA and s37(1) SCA Applications, Evidence, Proportionality, Dynamic Blocking, Monitoring and Costs (England and Wales)

Published by a LexisNexis IP expert

Checklists

Applying for a website blocking order

This Checklist summarises the key matters to consider when seeking a website blocking order (WBO). A WBO can be a practical option for rights holders where a site has been identified that infringes copyright, registered trade marks or other rights, but the website owner/operator cannot be identified and/or is outside the jurisdiction. WBOs provide notable flexibility: if the site owner/operator tries to evade the blocks applied by internet service providers (ISPs), the ISP can be notified and the measures adjusted to address that attempt without needing a further court order. No prior finding of infringement against the website owner/operator is required. The owner/operator also does not need to be joined as a party to the proceedings. For additional guidance, use this Checklist alongside Practice Note: Website blocking orders. The third column can be used to record observations or comments as the Checklist is worked through. Checklist — Further information — Notes (if any)

Considerations before applying

Consider whether the owner / operator of the infringing website is unidentifiable and/or is outside of the relevant jurisdiction...

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Web page updated on 20/05/2026

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