Cleary v Marston (Holdings) Ltd [2021] EWHC 3809 (QB) (25 November 2021)

Cleary v Marston (Holdings) Ltd [2021] EWHC 3809 (QB) (25 November 2021)

The claim is straightforward, of low value, with limited factual and legal complexity, and does not require a specialist judge; therefore, it should be transferred to the County Court and allocated to the small claims track.

Citation
[2021] EWHC 3809 (QB)
Parties
Claimant: Joseph Cleary; Defendant: Marston (Holdings) Ltd
Jurisdiction
England and Wales
Judgment Date
25 November 2021
Procedural Posture
Civil Data Protection / Privacy / Case Management Conference; Order for Transfer and Allocation
Outcome
Claim transferred to County Court and allocated to small claims track.
Legal Topics
Breach of Data Protection Legislation, Misuse of Private Information, Breach of Confidence, Jurisdiction and Allocation, Small Claims Track, Remedies Declarations
Data Protection Privacy Civil Procedure Breach of Data Protection Legislation Misuse of Private Information Breach of Confidence Jurisdiction and Allocation Small Claims Track +1 more

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Parties

Joseph Cleary

Claimant

Marston (Holdings) Ltd

Defendant

Procedural Posture

Civil Data Protection / Privacy / Case Management Conference; Order for Transfer and Allocation

Legal Issues

  1. 1 Whether the claim should be heard in the High Court or County Court
  2. 2 Whether the claim should be allocated to the small claims track
  3. 3 Whether a declaration is an appropriate remedy in this type of claim

Ratio Decidendi

The claim is straightforward, of low value, with limited factual and legal complexity, and does not require a specialist judge; therefore, it should be transferred to the County Court and allocated to the small claims track.

Court Disposition

Claim transferred to County Court and allocated to small claims track.

Orders

  • Proceedings transferred to Claimant's home county court (Manchester).
  • Claim allocated to the small claims track.