Holyoake v Candy & Anor [2017] EWHC 52 (QB) (24 January 2017)

The defendants' searches in response to the narrowed SARs were reasonable and proportionate, and the claim to legal professional privilege over the withheld data was valid. There was no sufficient evidence to displace privilege on grounds of iniquity or to require court inspection of the privileged material. The SARs were not shown to be abusive as a matter of law, and no order under s 7(9) DPA was warranted.

Citation: [2017] EWHC 52
Parties: Claimant: Mark Alan Holyoake; Defendant: Nicholas Anthony Christopher Candy; Defendant: CPC Group Limited
Jurisdiction: England and Wales
Judgment Date: 24 January 2017
Procedural Posture: Part 8 Claim (data Protection Act 1998, S 7(9)) / High Court Trial Judgment
Outcome: Claim dismissed
Legal Topics: Subject Access Requests, Legal Professional Privilege, Abuse of Process, Reasonable Search, Litigation Privilege, Iniquity Exception

Data Protection Privacy Law Civil Procedure Subject Access Requests Legal Professional Privilege Abuse of Process Reasonable Search Litigation Privilege +1 more

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Parties

Mark Alan Holyoake

Claimant

Nicholas Anthony Christopher Candy

Defendant

CPC Group Limited

Defendant

Procedural Posture

Part 8 Claim (data Protection Act 1998, S 7(9)) / High Court Trial Judgment

Legal Issues

1 Whether the defendants carried out adequate searches in response to the narrowed subject access requests (SARs)
2 Whether Mr Candy's reliance on the legal professional privilege (LPP) exemption was valid
3 Whether the SARs were an abuse of the right of subject access

Ratio Decidendi

Court Disposition

Claim dismissed