Blacker (The Lord Harley) v The Law Society

Blacker (The Lord Harley) v The Law Society

There is no serious issue to be tried as the files in question contain no private information about the claimant, the Law Society's actions do not engage Articles 6 or 8 of the Human Rights Act, and the files are the property of the SRA created in its regulatory function. The claim discloses no reasonable grounds for bringing the claim and should be struck out under CPR Part 3.4(2)(a).

Parties
Claimant: Dr Alan Blacker (The Lord Harley); Defendant: The Law Society
Jurisdiction
England and Wales
Judgment Date
27 April 2016
Procedural Posture
Civil / Ruling on Applications for Injunctive Relief and Strike Out/summary Judgment
Outcome
Claim struck out; application for interim relief refused; summary judgment for defendant (in the alternative)
Legal Topics
Injunctive Relief, Freedom of Information, Data Protection Act, Human Rights Act, Strike Out Applications, Summary Judgment
Civil Procedure Data Protection Human Rights Injunctive Relief Freedom of Information Data Protection Act Human Rights Act Strike Out Applications +1 more

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Parties

Dr Alan Blacker (The Lord Harley)

Claimant

The Law Society

Defendant

Procedural Posture

Civil / Ruling on Applications for Injunctive Relief and Strike Out/summary Judgment

Legal Issues

  1. 1 Whether the claimant is entitled to injunctive relief restraining publication of certain files by the Law Society
  2. 2 Whether the claimant is entitled to delivery up of SRA files
  3. 3 Whether the claim discloses a reasonable cause of action under the Data Protection Act or Human Rights Act

Ratio Decidendi

There is no serious issue to be tried as the files in question contain no private information about the claimant, the Law Society's actions do not engage Articles 6 or 8 of the Human Rights Act, and the files are the property of the SRA created in its regulatory function. The claim discloses no reasonable grounds for bringing the claim and should be struck out under CPR Part 3.4(2)(a).

Court Disposition

Claim struck out; application for interim relief refused; summary judgment for defendant (in the alternative)

Orders

  • Claimant's application for interim relief refused
  • Claim struck out under CPR Part 3.4(2)(a)