KB 2023 004108 - [2025] EWHC 1824 (KB)
Fecha: 22-Jul-2025
The current proceedings
The current proceedings
In or around mid-September 2023, Ersan sent letters before action to the defendant on behalf some 372 potential claimants (including the current claimants), which complained of JS1 as a serious data breach. This again included an objection that the named claimants had not been pseudonymised. The current proceedings were issued on 23 October 2023 (initially under CPR Part 8, but transferred to Part 7 by order of Nicklin J on 16 November 2023). On 21 December 2023, the claims of all but C1, C2 and C3 were discontinued. The particulars of claim were amended on 24 October 2024, and an amended defence (the original being dated 29 January 2024) was served on 4 December 2024.
At a hearing on 11 March 2025, I determined various applications relating to disclosure and to the statement of Mr Gadd (witness for the claimants); I also allowed an application to re-amend the defence. My order and judgment of 1 April 2025 set out my decisions in these respects.
- 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