Stuart Sutton & Ors v Currys Retail Group Limited

Stuart Sutton & Ors v Currys Retail Group Limited

A stay of the civil proceedings is granted until the outcome of the UT Appeal because the appeal will address a novel and fundamental point of law directly relevant to quantum, and proceeding in parallel would risk unnecessary costs and inefficient use of court resources. The substitution of the correct defendant is allowed, with costs of the application to be borne by the claimants due to their error.

Parties
Claimant: Stuart Sutton (and those claimants numbered 2-711 in the schedule annexed to the claim form); Defendant/applicant: Currys Retail Group Limited; Applicant: Currys Group Limited
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Civil / Interlocutory Application for Stay and Substitution
Outcome
Application for stay granted until outcome of UT Appeal; application for substitution granted; costs awarded to defendant for both applications.
Legal Topics
Stay of Proceedings, Data Breach, Damages for Distress, Substitution of Parties, Costs Assessment
Data Protection Civil Procedure Stay of Proceedings Data Breach Damages for Distress Substitution of Parties Costs Assessment

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Parties

Stuart Sutton (and those claimants numbered 2-711 in the schedule annexed to the claim form)

Claimant

Currys Retail Group Limited

Defendant/applicant

Currys Group Limited

Applicant

Procedural Posture

Civil / Interlocutory Application for Stay and Substitution

Legal Issues

  1. 1 Whether to grant a stay of civil proceedings pending the outcome of related regulatory proceedings (UT Appeal)
  2. 2 Whether to substitute the correct defendant
  3. 3 Who should bear the costs of the applications

Ratio Decidendi

A stay of the civil proceedings is granted until the outcome of the UT Appeal because the appeal will address a novel and fundamental point of law directly relevant to quantum, and proceeding in parallel would risk unnecessary costs and inefficient use of court resources. The substitution of the correct defendant is allowed, with costs of the application to be borne by the claimants due to their error.

Court Disposition

Application for stay granted until outcome of UT Appeal; application for substitution granted; costs awarded to defendant for both applications.

Orders

  • Civil proceedings stayed until outcome of UT Appeal.
  • Claimants to pay defendant's costs of the stay application, assessed summarily at £35,724.94.