England and Wales Case Law

Buwule v Nationwide Building Society

The appellant failed to identify any legal misdirection, material error of fact, or procedural impropriety by the trial judge. The judge correctly applied the law to the facts, made reasoned findings on credibility, and lawfully dismissed the claim. There was no evidence of bias, unfairness, or improper conduct. The applications for permission to appeal and stay of execution were refused as totally without merit.

Source excerpt

• Appeals
• Permission to appeal
• Stay of execution
• Data protection act 1998
• Gdpr
• Fraud markers

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RTM v Bonne Terre Ltd & Anor

RTM v Bonne Terre Ltd & Anor [2025] EWHC 111 (KB) (23 January 2025)

The High Court held that online gambling direct marketing and cookie-based profiling were unlawful for a vulnerable claimant because valid consent was not obtained.

• Gdpr
• Data protection act 1998
• Misuse of private information
• Profiling
• Direct marketing
• Consent

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President Donald J Trump v Orbis Business Intelligence Limited

The amendment to add a DPA 1998 claim was refused because it sought to introduce a new cause of action after expiry of the limitation period and did not arise out of the same or substantially the same facts as the existing claim. The surviving UK GDPR/DPA 2018 claim was summarily dismissed because there was no pleaded or evidential basis for compensation or a compliance order, and the only processing alleged (retention/storage) could not have caused the pleaded distress or reputational harm. Nominal damages are not available under the statutory scheme without proof of damage.

Source excerpt

• Data protection act 1998
• Data protection act 2018
• Uk gdpr
• Limitation of actions
• Summary judgment
• Strike out applications

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DSG Retail Limited v The Information Commissioner

The Upper Tribunal allowed DSG Retail’s appeal against an ICO monetary penalty, held the FTT had erred on “personal data” under DPP7, and remitted the case.

• Personal data definition
• Data security
• Monetary penalty notice
• Data protection act 1998
• Data controller obligations
• Procedural fairness

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Warburton v Chief Constable of Avon and Somerset Constabulary

Warburton v Chief Constable of Avon and Somerset Constabulary [2023] EWCA Civ 209 (02 March 2023)

The Court of Appeal dismissed Mr Warburton’s appeal, holding that his earlier data protection claim was an abuse of process under Henderson v Henderson.

• Abuse of process
• Res judicata
• Henderson v henderson principle
• Part 36 settlement
• Data protection act 1998
• Data protection act 2018

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Damian Warburton v The Chief Constable of Avon and Somerset Constabulary

The Court of Appeal held that Mr Warburton’s pre-July 2019 data protection claim was an abuse of process because it could and should have been pleaded earlier.

• Abuse of process
• Henderson v henderson principle
• Res judicata
• Part 36 settlement
• Data protection act 1998
• Data protection act 2018

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AB v Secretary of State for Justice

AB v Secretary of State for Justice [2023] EWHC 72 (KB) (19 January 2023)

Permission to appeal was refused in a costs dispute arising from data protection and equality claims. The court upheld findings of misconduct and a 70% reduction to AB’s assessed costs.

• Detailed assessment of costs
• Misconduct under cpr 44.11
• Conditional fee agreements
• Anonymity orders
• Data protection act 1998
• Equality act 2010

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Robin Simon Graham Makin v Secretary of State for Justice

The High Court refused permission to appeal seven costs orders, rejecting arguments of judicial bias, procedural irregularity, and legal or factual error.

• Detailed assessment of costs
• Judicial bias
• Case management
• Misconduct under cpr 44.11
• Conditional fee agreements
• Data protection act 1998

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ABC v Palmer

ABC v Palmer [2022] EWHC 3128 (KB) (07 December 2022)

High Court media claim over a blog post reporting a magistrates’ court conviction was dismissed. The court found accurate reporting, no privacy breach, no harassment, and no data protection violation.

• Misuse of private information
• Harassment
• Data protection act 1998
• Data protection act 2018
• Gdpr
• Right to be forgotten

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AB v Chief Constable of British Transport Police

AB v Chief Constable of British Transport Police [2022] EWHC 2749 (KB) (07 November 2022)

High Court appeal over police retention of OSRs concerning two train incidents involving AB. The court held the records were accurate as records of information received, but retention remained disproportionate under Article 8.

• Accuracy of police records
• Retention of personal data
• Article 8 echr
• Data protection act 1998
• Data protection act 2018
• Damages for distress

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