WILLIAM STADLER v CURRYS GROUP LIMITED

WILLIAM STADLER v CURRYS GROUP LIMITED

The data protection claim has a reasonable prospect of success and should not be struck out or summarily dismissed; claims for misuse of private information, breach of confidence, and negligence are fundamentally defective and are struck out; the claim is low value and disproportionate for High Court litigation, so it should be transferred to the County Court and likely allocated to the small claims track.

Parties
Claimant: William Stadler; Defendant: Currys Group Limited
Jurisdiction
England and Wales
Judgment Date
31 January 2022
Procedural Posture
Consumer Dispute / Application for Strike Out And/or Summary Judgment at Pre Defence Stage
Outcome
Defendant's application to strike out and/or for summary judgment dismissed in respect of data protection claim; granted in respect of privacy, confidence, negligence, aggravated/exemplary damages, and injunction claims; claim transferred to County Court.
Legal Topics
Data Breach Liability, Misuse of Private Information, Breach of Confidence, Negligence, Threshold of Seriousness, Jameel Abuse, Jurisdiction and Transfer, Small Claims Track Allocation
Data Protection Privacy Law Negligence Consumer Law Data Breach Liability Misuse of Private Information Breach of Confidence Threshold of Seriousness +3 more

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Parties

William Stadler

Claimant

Currys Group Limited

Defendant

Procedural Posture

Consumer Dispute / Application for Strike Out And/or Summary Judgment at Pre Defence Stage

Legal Issues

  1. 1 Whether the defendant breached data protection duties by disposing of a smart TV without wiping personal data
  2. 2 Whether the claimant has a viable claim for misuse of private information and breach of confidence
  3. 3 Whether a claim in negligence is viable given statutory data protection regime

Ratio Decidendi

The data protection claim has a reasonable prospect of success and should not be struck out or summarily dismissed; claims for misuse of private information, breach of confidence, and negligence are fundamentally defective and are struck out; the claim is low value and disproportionate for High Court litigation, so it should be transferred to the County Court and likely allocated to the small claims track.

Court Disposition

Defendant's application to strike out and/or for summary judgment dismissed in respect of data protection claim; granted in respect of privacy, confidence, negligence, aggravated/exemplary damages, and injunction claims; claim transferred to County Court.

Orders

  • Data protection claim survives; all other claims struck out or summary judgment granted for defendant.
  • Claim transferred to Hastings County Court; directions for further acknowledgement, defence, and questionnaires issued.