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 there was no sufficient evidence to displace the claim to legal professional privilege over the withheld data. The SARs were not shown to be abusive on the evidence, and no order under s 7(9) DPA was warranted.

Citation: [2017] EWHC 52 (QB)
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)) / Trial Judgment
Outcome: Claim dismissed
Legal Topics: Subject Access Requests, Legal Professional Privilege, Abuse of Process, Reasonableness of Search, Iniquity Exception, Disclosure Obligations

Data Protection Privacy Law Civil Procedure Subject Access Requests Legal Professional Privilege Abuse of Process Reasonableness of Search Iniquity Exception +1 more

Case Brief

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Full judgment text Downloadable case file Legal principles 4 Authorities cited 16 Party arguments 2 Amounts and remedies 1

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)) / 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 invalid or abusive due to improper collateral motives

Ratio Decidendi

Court Disposition

Claim dismissed