Ashley v Revenue and Customs [2026] EWHC 725 (KB) (24 March 2026)

Ashley v Revenue and Customs [2026] EWHC 725 (KB) (24 March 2026)

There were no strong case management reasons to depart from the conventional approach of a single hearing. The proposed two-stage process would not efficiently resolve the issues, would risk duplication, and would not deliver a decisive outcome. The court retains power to vary the previous order, but the interests of justice and efficiency are best served by a single hearing.

Citation
[2026] EWHC 725 (KB)
Parties
Claimant/respondent: Michael Ashley; Defendant/applicant: The Commissioners for His Majesty's Revenue and Customs
Jurisdiction
England and Wales
Judgment Date
24 March 2026
Procedural Posture
Application to Vary Case Management Order in Data Protection Enforcement Proceedings / Interlocutory Application
Outcome
Application dismissed
Legal Topics
Enforcement of Court Orders, Subject Access Requests, Case Management, Summary Dismissal, Section 167 Data Protection Act 2018
Civil Procedure Data Protection Enforcement of Court Orders Subject Access Requests Case Management Summary Dismissal Section 167 Data Protection Act 2018

Case Brief

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Parties

Michael Ashley

Claimant/respondent

The Commissioners for His Majesty's Revenue and Customs

Defendant/applicant

Procedural Posture

Application to Vary Case Management Order in Data Protection Enforcement Proceedings / Interlocutory Application

Legal Issues

  1. 1 Whether HMRC's application for a preliminary hearing to summarily dismiss parts of the Enforcement Application should be granted
  2. 2 Whether the court has power to vary the previous case management order
  3. 3 Whether there are strong case management reasons to depart from the conventional single-hearing approach

Ratio Decidendi

There were no strong case management reasons to depart from the conventional approach of a single hearing. The proposed two-stage process would not efficiently resolve the issues, would risk duplication, and would not deliver a decisive outcome. The court retains power to vary the previous order, but the interests of justice and efficiency are best served by a single hearing.

Court Disposition

Application dismissed

Orders

  • There will be a single hearing of the Enforcement Application.