King's / Queen's Bench Division of the High Court
KB 2023 004108 - [2025] EWHC 1824 (KB)
Fecha: 22-Jul-2025
Pleadings
Pleadings
In any data protection claim, paragraph 9 of Practice Direction 53B (Media and Communications Claims) requires that the claimant must specify in the particulars of claim: (1) the legislation and the provision the claimant alleges the defendant has breached; (2) any specific data or acts of processing to which the claim relates; (3) the specific acts or omissions said to amount to such a breach, and the claimant’s grounds for that allegation; and (4) the remedies which the claimant seeks.
- 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