KB 2023 004108 - [2025] EWHC 1824 (KB)
Fecha: 22-Jul-2025
Conclusions
Disposal
For all the reasons provided, the claimants’ claims are dismissed.
A draft of this judgment having been circulated to the parties’ legal representatives prior to hand down, it is further directed that: (1) at least two working days before the date fixed for the handing down of judgment, the parties are to send to the court an draft minute of order; (2) to the extent that there are any points of dispute in respect of the order, those should be made clear on the face of the draft, and the parties’ respective positions (and arguments) set out in written submissions; (3) to the extent that the parties seek to pursue any applications arising in consequence of the decision reached on these claims, these should also be set out in writing, with concise written submissions in support; (4) any written submissions provided in accordance with sub-paragraphs (2) and (3) shall be limited to a total of four sides of A4; (5) any further applications/submissions in this matter, made pursuant to the directions provided above, shall be considered on the papers, with a view to determination without need for a further hearing.
- Heading
- Introduction
- Background
- Ersan road traffic accident personal injury claims before the County Court
- JS1 and the initial data protection objections
- The debarring application and appeal
- Complaint to the Information Commissioner’s Office
- Resumption of the county court proceedings and the Ersan undertaking
- The current proceedings
- The evidence
- The claims before me and the parties’ submissions
- The defence
- The legal framework
- Lawfully, fairly and in a transparent manner
- Purpose limitation
- Data minimisation, storage limitation, integrity and confidentiality
- What is “necessary” and the proportionality assessment
- Pleadings
- Analysis and conclusions
- The factual basis for the claims: my findings
- Whether the processing was lawful - purpose
- Necessity and proportionality
- Fairness and transparency
- Purpose limitation
- Data minimisation, storage limitation, integrity and confidentiality
- Abuse of process
- Conclusions