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news Nominet wins UK membership fee court case, appeal application planned

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Nominet, the registry operator behind .uk domain names, has successfully defended a court claim over membership fees, according to a new report by DomainIncite.

For readers outside the UK, Nominet is the organisation that operates the United Kingdom’s national domain namespace. This includes .uk and well-known second-level extensions such as .co.uk, .org.uk and .me.uk. It also runs .cymru and .wales, and provides registry services for other namespaces.

Nominet is not a standard commercial registry in the same way many gTLD registries are structured. It is a company limited by guarantee, says it operates .UK for public benefit, and has a formal membership structure. Members can take part in governance discussions, vote at AGMs, and help shape policy and best practice for the .UK namespace.

At present, Nominet publicly lists its membership fees as a £400 + VAT joining fee and a £100 + VAT annual renewal fee.

What happened?

DomainIncite reports that a claim brought by Nominet member Curon Davies t/a Parth.Cymru was dismissed by the Court in Cardiff on 21 May 2026.

The case was about whether Nominet had the correct constitutional authority to charge membership joining and subscription fees in the way it has done for many years.

Nominet’s statement to members, as reported by DomainIncite, said:

The claim made by a Nominet member for a refund of fees paid for membership was dismissed by the Court in Cardiff on 21 May. Costs will be determined later. We do not have the written court order yet - we will wait for that before commenting further.

The claimant was represented by lawyer Jim Davies, who has been active in Nominet governance discussions through the WeightedVoting.uk campaign.

DomainIncite reports that Mr Davies disagrees with the ruling and that an application to appeal is being prepared.

Why did this matter?

The individual claim itself was not large. The published claim form sought £960 in fees plus a £70 court fee, making a total of £1,030.

However, the legal argument behind the claim was much wider.

The claimant side argued that Nominet’s Articles of Association did not properly authorise the current membership fee arrangements after 1997 unless certain bye-laws and member approvals were in place.

This argument had previously been supported by legal opinions obtained by the WeightedVoting.uk campaign from Iain Mitchell KC. Those opinions suggested that Nominet may not have had the correct basis to collect membership subscriptions for many years.

Nominet has not accepted that position. It has continued to publish and charge membership fees, and in 2023 consulted members on modernising its Articles of Association to more clearly explain how the company operates today.

Because Nominet has had thousands of members over many years, the question had potentially wider financial consequences. DomainIncite previously reported that the possible exposure discussed by campaigners could have reached millions of pounds, although limitation rules may have reduced any practical exposure.

It is important to stress that those larger figures were estimates and arguments, not sums awarded by the court.

What is the current position?

For now, Nominet has won at this stage. The claim was dismissed by the Cardiff court, and no general refund to members has been ordered.

Costs are still to be determined, and Nominet has said it is waiting for the written court order before making further comment.

The claimant side has indicated that it plans to seek permission to appeal, so the matter may not yet be fully concluded.

Timeline of events

  • 1996 - Nominet UK is incorporated and begins its role in the UK domain name system.
  • 1997 - The period around Nominet’s early membership and subscription arrangements later becomes central to the legal debate.
  • 24 August 2022 - Iain Mitchell KC provides a legal opinion for the WeightedVoting.uk campaign on Nominet’s weighted voting arrangements.
  • 21 September 2022 - A supplementary legal opinion addresses Nominet membership subscriptions and argues that the Articles did not provide the necessary authority for the current-style fees after 1997.
  • 28 September 2022 - DomainIncite reports that the legal opinion could raise questions over many years of Nominet membership fees.
  • June-August 2023 - Nominet consults members on proposed changes to its Articles of Association, saying the aim is to bring them in line with current practice and more clearly explain how the company operates today.
  • July 2023 - Nominet acknowledges that a consultation document contained an error regarding whether tiered membership fees had been used in the early days. Nominet says this was an error and not an attempt to mislead anybody.
  • 5 July 2023 - Curon Davies t/a Parth.Cymru files a County Court claim against Nominet UK.
  • 6 July 2023 - The claim is issued under claim number 423MC115.
  • 28 July 2023 - A default judgment is entered. This later becomes a procedural development rather than the final result of the dispute.
  • 17 October 2023 - Nominet’s proposed Articles modernisation resolution is put to members at the AGM. The resolution requires 90% support and does not pass.
  • January 2024 - DomainIncite reports that Nominet has successfully had the earlier default judgment set aside, allowing it to defend the claim.
  • 2025 - The case continues through procedural stages, including strike-out and set-aside developments.
  • 20-21 May 2026 - The matter is listed at Cardiff Civil and Family Justice Centre.
  • 21 May 2026 - Nominet says the claim has been dismissed by the Court in Cardiff. Costs are to be determined later.
  • 27 May 2026 - DomainIncite reports the dismissal and publishes reaction from Jim Davies, who says an appeal application is being prepared.

Why this is interesting for the wider domain industry

Most domain investors and registrars outside the UK may not follow Nominet governance closely, but the case is still worth noting.

It touches on several wider themes that affect many internet infrastructure organisations:

  • How registry operators are governed
  • How members or stakeholders influence policy
  • How old constitutional documents should be interpreted decades later
  • How domain industry organisations balance operational stability with member accountability
  • How disputes inside critical internet organisations can end up in court

From a business point of view, .uk remains one of the world’s major country-code namespaces. Nominet’s stability matters not only to UK registrars and registrants, but also to international registrars, investors, developers and businesses that use .uk domains.

A respectful note

This is a sensitive matter involving Nominet, its members, the claimant, lawyers and the court process.

Nominet has a responsibility to protect the stability of the .UK namespace and the funds of the organisation. At the same time, members who raise governance questions through proper channels are also part of how membership organisations remain accountable.

The court has now dismissed the claim at this stage. The written order and any appeal process will provide further clarity in due course.

Sources


This article is a news summary for discussion purposes only and is not legal advice.
 
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