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 are limited to section 23; certain paragraphs and heads of damage are disallowed as irrelevant, speculative, or disproportionate; claims for aggravated damages are allowed only to the extent they rely on statements by the defendants, not third parties.

Citation
[2002] EWHC 1122 (QB)
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 and refused in part; application for further disclosure adjourned.
Legal Topics
Amendment of Pleadings, Breach of Confidence, Breach of Statutory Duty, Data Protection Act 1984, Data Protection Act 1998, Misfeasance in Public Office, Human Rights Act 1998, Damages, Aggravated Damages
Civil Procedure Data Protection Tort Human Rights Amendment of Pleadings Breach of Confidence Breach of Statutory Duty Data Protection Act 1984 +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 the claimant should be permitted to re-amend the Particulars of Claim to introduce new causes of action and claims for damages under the Data Protection Acts 1984 and 1998 and for misfeasance in public office; whether certain paragraphs of the draft re-amended pleading are legally valid or proportionate; whether claims for aggravated damages and distress are properly pleaded.

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 are limited to section 23; certain paragraphs and heads of damage are disallowed as irrelevant, speculative, or disproportionate; claims for aggravated damages are allowed only to the extent they rely on statements by the defendants, not third parties.

Court Disposition

Application to re-amend Particulars of Claim allowed in part and refused in part; application for further disclosure adjourned.

Orders

  • Paragraph 4.2.3(a) to be deleted.
  • Paragraphs 5.3, 5.4, 5.7, 10 and 15 to be revised to limit 1984 Act claims to section 23.