Dalton, R (On the Application Of) v The Crown Prosecution Service (CPS)

Dalton, R (On the Application Of) v The Crown Prosecution Service (CPS)

Permission to amend the claim to challenge the November 2019 and February 2020 CPS decisions is refused because there is no longer any ground for judicial review with a real prospect of success and a better alternative remedy exists via the Information Commissioner. The original CPS decision of March 2019 was unlawful as it failed to consider the request properly.

Parties
Claimant: John Dalton; Defendant: Crown Prosecution Service; Interested Party: Information Commissioner
Jurisdiction
England and Wales
Judgment Date
27 July 2020
Procedural Posture
Judicial Review / Substantive Hearing and Permission to Amend Grounds
Outcome
Permission to amend refused; original decision declared unlawful; damages claim transferred
Legal Topics
Subject Access Request, Section 45 Data Protection Act 2018, Redaction of Personal Data, Alternative Remedy, Procedural Rigour
Data Protection Judicial Review Criminal Law Subject Access Request Section 45 Data Protection Act 2018 Redaction of Personal Data Alternative Remedy Procedural Rigour

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Parties

John Dalton

Claimant

Crown Prosecution Service

Defendant

Information Commissioner

Interested Party

Procedural Posture

Judicial Review / Substantive Hearing and Permission to Amend Grounds

Legal Issues

  1. 1 Whether the CPS lawfully refused and/or redacted data in response to a subject access request under s.45(1) DPA 2018
  2. 2 Whether the court should permit amendment of the claim to challenge subsequent CPS decisions
  3. 3 Whether judicial review is available where an alternative remedy exists via the Information Commissioner

Ratio Decidendi

Permission to amend the claim to challenge the November 2019 and February 2020 CPS decisions is refused because there is no longer any ground for judicial review with a real prospect of success and a better alternative remedy exists via the Information Commissioner. The original CPS decision of March 2019 was unlawful as it failed to consider the request properly.

Court Disposition

Permission to amend refused; original decision declared unlawful; damages claim transferred

Orders

  • Permission to proceed with judicial review of the November 2019 and February 2020 decisions refused
  • Declaration that the original CPS decision of 12 March 2019 was unlawful