GE Capital Corporation (Holdings) -v- Perry

The Complaint was lodged with Nominet on 9 January 2002. Nominet validated the Complaint and notified the Respondent of the Complaint on 11 January 2002 and informed the Respondent that he had 15 days within to lodge a Response. The Respondent failed to respond. Mediation not being possible in those circumstances, Nominet so informed the Complainant and on 5 February 2002 the Complainant paid Nominet the appropriate fee for a decision of an Expert pursuant to paragraph 6 of the Nominet UK Dispute Resolution Service Policy ("the Policy").

On 18 February 2002, David King, the undersigned, ("the Expert") confirmed to Nominet that he knew of no reason why he could not properly accept the invitation to act as expert in this case and further confirmed that he knew of no matters which ought to be brought to the attention of the parties, which might appear to call into question his independence and/or impartiality.

The Respondent has not submitted a Response to Nominet in time (or at all) in compliance with Paragraph 5a of the Procedure for the conduct of proceedings under the Nominet UK Dispute Resolution Service ("the Procedure").

Paragraph 15b of the Procedure provides, inter alia, that "if in the absence of exceptional circumstances, a Party does not comply with any time period laid down in the Policy or this Procedure, the Expert will proceed to a Decision on the complaint."

Paragraph 15c of the Procedure provides that "if in the absence of exceptional circumstances, a Party does not comply with any provision in the Policy or this Procedure..., the Expert will draw such inferences from the Party's non-compliance as he or she considers appropriate."