KA-2023-MAN-000005 - [2025] EWHC 1593 (KB)

This judgment concerns the appeal of the Defendant against the judgment of Recorder Richard Hartley KC, handed down on 12 July 2023 following a trial on 4 July 2023. The events at the heart of the matter go back to Christmas Day 2018. They concern the fact that, on that date, the Defendant disclosed personal information relating to the Claimant to the very person who she most wanted not to have that information: her ex-partner, who had been seriously violent and abusive toward her.

The Claimant brought a claim for damages, alleging causes of action for misuse of private information, breach of confidence and breach of duties owed under the Data Protection Act 2018 (“the DPA”) and the General Data Protection Regulations (“GDPR”). The Recorder found in her favour as regards misuse of private information and breach of confidence, but rejected the claim in so far as brought under the DPA/GDPR. The Defendant appeals against the Recorder’s conclusions on liability in respect of the claims for misuse of private information and breach of confidence. The Claimant wishes to challenge, by a Respondent’s Notice, his conclusion on the DPA/GDPR claim.

The damages asserted by the Claimant were for personal injury, in the form of post traumatic stress disorder, anxiety and depression. At trial, she also pursued an alternative case that, rather than causing injury, the Defendant’s actions had exacerbated existing psychological conditions. The Recorder rejected the primary case as to damages, but accepted that the Claimant’s existing psychological problems had been worsened. The Defendant appeals against the Recorder’s treatment of damages.

There is also a point taken in relation to costs, the Recorder having awarded 100% of the success fee provided for under the Claimant’s conditional fee arrangement with her solicitors. This separate point relates to the Recorder’s ruling on costs, on 9 October 2023.

I am grateful to Mr Waite, on behalf of the Defendant, and Mr McCracken, on behalf of the Claimant, for their assistance.