Elliott v Lloyds TSB Bank Plc & Anor [2012] EW Misc 7 (CC) (24 April 2012)

Elliott v Lloyds TSB Bank Plc & Anor [2012] EW Misc 7 (CC) (24 April 2012)

Mr Elliott's claim was not an abuse of process as he had a legitimate concern about misuse of his personal data, and it was not shown that but for collateral purpose the claim would not have been brought. Lloyds TSB had conducted reasonable and proportionate searches and was not required to search the records of the remaining five senior managers. Relief under s.7(9) was not refused on abuse grounds, but further searches were not ordered due to proportionality.

Citation
[2012] EW Misc 7 (CC)
Parties
Claimant: Mr Elliott; First Defendant: Lloyds TSB Bank plc; Second Defendant: Lloyds Development Capital Ltd
Jurisdiction
England and Wales
Judgment Date
24 April 2012
Procedural Posture
Data Subject Access Request Claim Under Data Protection Act 1998 / Final Judgment
Outcome
Claim dismissed in respect of further searches; not dismissed on abuse grounds; costs reserved for further determination.
Legal Topics
Subject Access Requests, Abuse of Process, Proportionality of Searches, Mixed Motives, Disclosure Obligations
Data Protection Privacy Law Civil Procedure Subject Access Requests Abuse of Process Proportionality of Searches Mixed Motives Disclosure Obligations

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 7 Party arguments 2 Amounts and remedies 8
Sign in to unlock

Parties

Mr Elliott

Claimant

Lloyds TSB Bank plc

First Defendant

Lloyds Development Capital Ltd

Second Defendant

Procedural Posture

Data Subject Access Request Claim Under Data Protection Act 1998 / Final Judgment

Legal Issues

  1. 1 Whether the claimant's subject access request was an abuse of process due to collateral purpose
  2. 2 Whether Lloyds TSB was required to conduct further searches for personal data from six senior managers
  3. 3 Whether the defendants' searches were reasonable and proportionate under the Data Protection Act 1998

Ratio Decidendi

Mr Elliott's claim was not an abuse of process as he had a legitimate concern about misuse of his personal data, and it was not shown that but for collateral purpose the claim would not have been brought. Lloyds TSB had conducted reasonable and proportionate searches and was not required to search the records of the remaining five senior managers. Relief under s.7(9) was not refused on abuse grounds, but further searches were not ordered due to proportionality.

Court Disposition

Claim dismissed in respect of further searches; not dismissed on abuse grounds; costs reserved for further determination.

Orders

  • No order for further searches of the remaining five senior managers' records.
  • Costs to be determined following further submissions.