KB 2023 004108 - [2025] EWHC 1824 (KB)

Approved Judgment

Royal Courts of Justice

Strand, London, WC2A 2LL

Before :

THE HONOURABLE MRS JUSTICE JENNIFER EADY DBE

Between:

(1) YESIM KUL

(2) ROHAT MAHIR (BY LITIGATION FRIEND MAHMUT MAHIR)

(3) MAHMUT MAHIR

Claimants

-and-

DWF LAW LLP

Defendant

Richard Hanstock (instructed by Ersan & Co Solicitors) for the Claimants

Robin Hopkins (instructed by Clyde & Co LLP) for the Defendant

Hearing date: 4 and 5 June 2025

Approved Judgment

This judgment was handed down remotely at 10.00am on 22^th July 2025 by circulation to the parties or their representatives by e-mail and by release to the National Archives.

Contents Para No.

Introduction 1-2

Background 3-31

The parties

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 32-36

The claims before me and the parties’ submissions 37-46

The case for the claimants

The defence

The legal framework 47-75

UK General Data Protection Regulation and the Data Protection Act 2018

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 76-111

The scope of the claims

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

Disposal 112-113

Mrs Justice Jennifer Eady DBE:

Introduction