Pal v General Medical Council

Pal v General Medical Council

The claimant's claims under the Data Protection Act, Human Rights Act, and in defamation raise triable issues and cannot be dismissed summarily; the defendants have not demonstrated that the claimant has no real prospect of success.

Source-derived case information.

Parties
Claimant: Dr Rita Pal; Defendant: The General Medical Council; Defendant: Catherine Green; Defendant: Peter Lynn; Defendant: Sarah Bedwell
Jurisdiction
England and Wales
Judgment Date
27 May 2004
Procedural Posture
Civil / Summary Judgment Application
Outcome
Defendants' applications for summary judgment dismissed
Legal Topics
Data Retention, Article 8 ECHR, Summary Judgment, Defamation Meaning, Vicarious Liability
Data Protection Human Rights Defamation Data Retention Article 8 ECHR Summary Judgment Defamation Meaning Vicarious Liability

Source-derived case record

Summary, issues, holding and outcome

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Parties

Dr Rita Pal

Claimant

The General Medical Council

Defendant

Catherine Green

Defendant

Peter Lynn

Defendant

Sarah Bedwell

Defendant

Procedural Posture

Civil / Summary Judgment Application

Legal Issues

  1. 1 Whether the claimant's claims under the Data Protection Act 1998, Human Rights Act, and in defamation have a real prospect of success
  2. 2 Whether summary judgment should be granted to the defendants under CPR 24
  3. 3 Whether the retention of personal data by the GMC was lawful

Ratio Decidendi

The claimant's claims under the Data Protection Act, Human Rights Act, and in defamation raise triable issues and cannot be dismissed summarily; the defendants have not demonstrated that the claimant has no real prospect of success.

Court Disposition

Defendants' applications for summary judgment dismissed

Orders

  • Claimant permitted to amend particulars of claim
  • Claims to proceed to trial