Stadler v Currys Group Ltd [2022] EWHC 160 (QB) (31 January 2022)

Stadler v Currys Group Ltd [2022] EWHC 160 (QB) (31 January 2022)

The data protection claim should not be struck out or summarily dismissed as there are factual disputes requiring trial and the claim is not trivial if the pleaded facts are true. Claims for misuse of private information, breach of confidence, and negligence are struck out as they are not made out in law or fact on...

Source-derived case information.

Citation
[2022] EWHC 160 (QB)
Parties
Claimant: William Stadler; Defendant: Currys Group Limited
Jurisdiction
England and Wales
Judgment Date
31 January 2022
Procedural Posture
Consumer Data Protection Dispute / Application for Strike Out And/or Summary Judgment at Pre Defence Stage
Outcome
Defendant's application to strike out or summarily dismiss the data protection claim is dismissed; claims for misuse of private information, breach of confidence, negligence, aggravated and exemplary damages, and injunction are struck out or dismissed; claim to be transferred to County Court for allocation to small...
Legal Topics
UK GDPR Article 82, Data Protection Act 2018 Sections 168 and 169, Misuse of Private Information, Breach of Confidence, Negligence, Summary Judgment, Strike Out, Small Claims Track, Jameel Abuse
Data Protection Privacy Law Negligence Civil Procedure UK GDPR Article 82 Data Protection Act 2018 Sections 168 and 169 Misuse of Private Information Breach of Confidence +4 more

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Parties

William Stadler

Claimant

Currys Group Limited

Defendant

Procedural Posture

Consumer Data Protection 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 failing to wipe personal data from a returned smart TV before resale
  2. 2 Whether the claim for misuse of private information and breach of confidence is viable where the defendant did not make use of the data
  3. 3 Whether a negligence claim can be maintained alongside statutory data protection claims

Ratio Decidendi

The data protection claim should not be struck out or summarily dismissed as there are factual disputes requiring trial and the claim is not trivial if the pleaded facts are true. Claims for misuse of private information, breach of confidence, and negligence are struck out as they are not made out in law or fact on the pleaded case. The claim is to be transferred to the County Court for proportionate management.

Court Disposition

Defendant's application to strike out or summarily dismiss the data protection claim is dismissed; claims for misuse of private information, breach of confidence, negligence, aggravated and exemplary damages, and injunction are struck out or dismissed; claim to be transferred to County Court for allocation to small...

Orders

  • Defendant to file further acknowledgement of service by 11 February 2022 if so advised.
  • Defence to be filed and served by 4pm on 25 February 2022 if acknowledgement is lodged.