CR19 v Chief Constable of the Police Service of Northern Ireland [2014] NICA 54 (26 June 2014)

CR19 v Chief Constable of the Police Service of Northern Ireland [2014] NICA 54 (26 June 2014)

The Court of Appeal held that the trial judge's assessment of damages for personal injury and distress was within the appropriate range and took account of the distress caused by the data breach. No further compensation for distress under the Data Protection Act 1998 was warranted beyond nominal damages of £1.00, as the distress was already subsumed in the general damages award.

Citation
[2014] NICA 54
Parties
Plaintiff/appellant: CR19; Defendant/respondent: Chief Constable of the Police Service of Northern Ireland
Jurisdiction
Northern Ireland
Judgment Date
26 June 2014
Procedural Posture
Appeal / Judgment on Appeal From First Instance Decision on Quantum of Damages
Outcome
Appeal dismissed; award of compensation affirmed with addition of nominal damages for breach of Data Protection Act 1998.
Legal Topics
Negligence, Breach of Statutory Duty, Damages for Personal Injury, Compensation for Distress, Data Protection Act 1998, Quantum of Damages
Tort Law Data Protection Law Negligence Breach of Statutory Duty Damages for Personal Injury Compensation for Distress Data Protection Act 1998 Quantum of Damages

Case Brief

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Parties

CR19

Plaintiff/appellant

Chief Constable of the Police Service of Northern Ireland

Defendant/respondent

Procedural Posture

Appeal / Judgment on Appeal From First Instance Decision on Quantum of Damages

Legal Issues

  1. 1 Whether the quantum of damages awarded for personal injury and distress was appropriate
  2. 2 Whether additional compensation should be awarded for distress under section 4 of the Data Protection Act 1998

Ratio Decidendi

The Court of Appeal held that the trial judge's assessment of damages for personal injury and distress was within the appropriate range and took account of the distress caused by the data breach. No further compensation for distress under the Data Protection Act 1998 was warranted beyond nominal damages of £1.00, as the distress was already subsumed in the general damages award.

Court Disposition

Appeal dismissed; award of compensation affirmed with addition of nominal damages for breach of Data Protection Act 1998.

Orders

  • Award of £20,000 for personal injury and distress affirmed.
  • Interest at 2% over 6 years affirmed, total £22,400.