Lord Ashcroft v Attorney General & Anor [2002] EWHC 1122 (QB) (31 May 2002)

Lord Ashcroft v Attorney General & Anor [2002] EWHC 1122 (QB) (31 May 2002)

Permission to re-amend the Particulars of Claim is granted in part. Amendments introducing claims under the Data Protection Act 1998 and for misfeasance in public office (reckless indifference form) are arguable and allowed. Claims under the Data Protection Act 1984 must be confined to section 23. Claims for breach of principles under the 1984 Act, targeted malice in misfeasance, and reliance on third-party statements for aggravated damages are disallowed. Several paragraphs of the draft re-amended pleading must be revised or struck out as specified.

Citation
[2002] EWHC 1122
Parties
Claimant: Lord Ashcroft; Defendant: Attorney General; Defendant: Department for International Development
Jurisdiction
England and Wales
Judgment Date
31 May 2002
Procedural Posture
Civil / Application for Permission to Re Amend Particulars of Claim and for Further Disclosure
Outcome
Application to re-amend Particulars of Claim allowed in part, refused in part
Legal Topics
Amendment of Pleadings, Disclosure, Data Protection Act 1984, Data Protection Act 1998, Misfeasance in Public Office, Breach of Confidence, Privacy, Damages, Aggravated Damages
Civil Procedure Data Protection Tort Human Rights Amendment of Pleadings Disclosure Data Protection Act 1984 Data Protection Act 1998 +5 more

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Parties

Lord Ashcroft

Claimant

Attorney General

Defendant

Department for International Development

Defendant

Procedural Posture

Civil / Application for Permission to Re Amend Particulars of Claim and for Further Disclosure

Legal Issues

  1. 1 Whether permission should be granted to re-amend the Particulars of Claim to include new causes of action under the Data Protection Acts 1984 and 1998 and for misfeasance in public office
  2. 2 Whether certain paragraphs of the draft re-amended pleading are legally valid or should be struck out
  3. 3 Whether the claim for damages under the Data Protection Act 1984 can be based on breach of principles or only under section 23

Ratio Decidendi

Permission to re-amend the Particulars of Claim is granted in part. Amendments introducing claims under the Data Protection Act 1998 and for misfeasance in public office (reckless indifference form) are arguable and allowed. Claims under the Data Protection Act 1984 must be confined to section 23. Claims for breach of principles under the 1984 Act, targeted malice in misfeasance, and reliance on third-party statements for aggravated damages are disallowed. Several paragraphs of the draft re-amended pleading must be revised or struck out as specified.

Court Disposition

Application to re-amend Particulars of Claim allowed in part, refused in part

Orders

  • Permission to re-amend Particulars of Claim granted subject to revisions and deletions as specified in the judgment
  • Claims under Data Protection Act 1984 confined to section 23