Maloney v Alexander Johnson (A Firm) [2002] EWCA Civ 1544 (14 October 2002)

Maloney v Alexander Johnson (A Firm) [2002] EWCA Civ 1544 (14 October 2002)

The information was obtained from Abbey National with the consent of the data controller, so there was no breach of section 55 of the Data Protection Act 1998; no reasonable cause of action was disclosed against the solicitors; no point of general importance or compelling reason for permission to appeal.

Citation
[2002] EWCA Civ 1544
Parties
Claimant/applicant: Neil Maloney; Defendant/respondent: Alexander Johnson (A Firm)
Jurisdiction
England and Wales
Judgment Date
14 October 2002
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
Application for permission to appeal refused
Legal Topics
Strike Out Application, Data Protection Act 1998 Section 55, Solicitor Conduct, Appeal Procedure
Civil Procedure Family Law Data Protection Strike Out Application Data Protection Act 1998 Section 55 Solicitor Conduct Appeal Procedure

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Parties

Neil Maloney

Claimant/applicant

Alexander Johnson (A Firm)

Defendant/respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the claim against the solicitors disclosed a reasonable cause of action under the Data Protection Act 1998 section 55
  2. 2 Whether there was any point of practice or principle of general importance justifying permission to appeal

Ratio Decidendi

The information was obtained from Abbey National with the consent of the data controller, so there was no breach of section 55 of the Data Protection Act 1998; no reasonable cause of action was disclosed against the solicitors; no point of general importance or compelling reason for permission to appeal.

Court Disposition

Application for permission to appeal refused

Orders

  • Application for permission to appeal refused
  • Application for extension of time refused