Durham County Council v Dunn [2012] EWCA Civ 1654 (13 December 2012)

Durham County Council v Dunn [2012] EWCA Civ 1654 (13 December 2012)

In civil proceedings, disclosure of relevant documents is governed by the Civil Procedure Rules, not the Data Protection Act 1998. The court must balance the fair trial rights of the party seeking disclosure against the privacy rights of third parties, applying a test of strict necessity. In this case, the Council...

Source-derived case information.

Citation
[2012] EWCA Civ 1654
Parties
Appellant: Durham County Council; Respondent: Dunn
Jurisdiction
England and Wales
Judgment Date
13 December 2012
Procedural Posture
Civil Appeal / Second Appeal From Manchester County Court to Court of Appeal (civil Division)
Outcome
Appeal dismissed
Legal Topics
Disclosure of Documents, Data Protection Act 1998, Civil Procedure Rules Part 31, Public Interest Immunity, Article 6 ECHR (right to Fair Trial), Article 8 ECHR (right to Privacy), Historic Child Abuse Claims
Civil Procedure Data Protection Personal Injury Human Rights Disclosure of Documents Data Protection Act 1998 Civil Procedure Rules Part 31 Public Interest Immunity +3 more

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Summary, issues, holding and outcome

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Parties

Durham County Council

Appellant

Dunn

Respondent

Procedural Posture

Civil Appeal / Second Appeal From Manchester County Court to Court of Appeal (civil Division)

Legal Issues

  1. 1 Whether the duty of disclosure in civil proceedings involving historic child abuse is governed by the Data Protection Act 1998 or the Civil Procedure Rules
  2. 2 Whether the Council could withhold or redact documents containing third party personal data
  3. 3 What balancing exercise is required between fair trial rights and privacy/confidentiality of third parties

Ratio Decidendi

In civil proceedings, disclosure of relevant documents is governed by the Civil Procedure Rules, not the Data Protection Act 1998. The court must balance the fair trial rights of the party seeking disclosure against the privacy rights of third parties, applying a test of strict necessity. In this case, the Council failed to establish that redaction or withholding of documents was strictly necessary, and full unredacted disclosure was required for the fair disposal of the claim.

Court Disposition

Appeal dismissed

Orders

  • The order of Judge Armitage QC for full unredacted disclosure is upheld.
  • Identities of non-parties are not to be disclosed beyond the parties and their legal advisors, and information disclosed is to be used solely for the purpose of these proceedings until further order of the County Court.