McLoughlin v Chief Constable of Kent Police [2024] EWHC 990 (KB) (01 May 2024)

McLoughlin v Chief Constable of Kent Police [2024] EWHC 990 (KB) (01 May 2024)

The claim under the Data Protection Act 2018 is an abuse of process because it constitutes an attempt to re-litigate issues that arose or could have arisen in prior criminal and judicial review proceedings; such collateral attacks on convictions are impermissible in civil proceedings, regardless of whether the claim is framed as a data protection issue.

Citation
[2024] EWHC 990 (KB)
Parties
Claimant/respondent: Mr Lee McLoughlin; Defendant/appellant: Chief Constable of Kent Police
Jurisdiction
England and Wales
Judgment Date
01 May 2024
Procedural Posture
Appeal (from County Court) / Judgment on Appeal Against Refusal to Strike Out/summary Judgment
Outcome
Appeal allowed; claim struck out as abuse of process
Legal Topics
Abuse of Process, Accuracy of Personal Data, Re Litigation, Summary Judgment, Data Protection Act 2018
Data Protection Civil Procedure Criminal Law Abuse of Process Accuracy of Personal Data Re Litigation Summary Judgment Data Protection Act 2018

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Parties

Mr Lee McLoughlin

Claimant/respondent

Chief Constable of Kent Police

Defendant/appellant

Procedural Posture

Appeal (from County Court) / Judgment on Appeal Against Refusal to Strike Out/summary Judgment

Legal Issues

  1. 1 Whether the claim under the Data Protection Act 2018 is an abuse of process as re-litigation of issues from prior criminal and judicial review proceedings
  2. 2 Whether the personal data in a police witness statement was inaccurate under the DPA 2018

Ratio Decidendi

The claim under the Data Protection Act 2018 is an abuse of process because it constitutes an attempt to re-litigate issues that arose or could have arisen in prior criminal and judicial review proceedings; such collateral attacks on convictions are impermissible in civil proceedings, regardless of whether the claim is framed as a data protection issue.

Court Disposition

Appeal allowed; claim struck out as abuse of process

Orders

  • Order dismissing the claim as an abuse of process
  • Directions for further submissions on the form of order