Discussing UK law. Links: swarb.co.uk | law-index | Acts | Members Image galleries

Concise statement of the facts or of the law

Re: Concise statement of the facts or of the law

Postby blue » Sat Jun 17, 2017 10:44 pm

Yes I take into account what you say but I also ask questions to myself

One of these questions is even if in my claim form and in my particulars of claim I do not use exactly the terms Data Protection Act 1998 does this matter a lot as long as the contents of these two documents has something to do with data protection i.e. the passing of information to a third party

Another question is that CPR 19.5 about Defence and Reply says

“A party may not file or serve any statement of case after a reply without the permission of the court”.

In my case the Defence was not filed and so no Reply to Defence was also filed I would like to know if this means that I was still able to file a statement of case where I say that my claim was about the Data Protection Act 1998
blue
 
Posts: 16
Joined: Fri Jun 16, 2017 11:37 am

Re: Concise statement of the facts or of the law

Postby atticus » Sat Jun 17, 2017 10:52 pm

Plainly it does not mean that any party could file a further statement of case without permission of the court. But such permission may be applied for.
User avatar
atticus
 
Posts: 19704
Joined: Sun Nov 11, 2012 2:27 pm
Location: E&W

Re: Concise statement of the facts or of the law

Postby atticus » Sun Jun 18, 2017 6:22 am

blue wrote:One of these questions is even if in my claim form and in my particulars of claim I do not use exactly the terms Data Protection Act 1998 does this matter a lot as long as the contents of these two documents has something to do with data protection ...

Yes. It matters. Your particulars of claim are a stand alone document which must set out a clear and concise statement of what you are claiming and why.
User avatar
atticus
 
Posts: 19704
Joined: Sun Nov 11, 2012 2:27 pm
Location: E&W

Re: Concise statement of the facts or of the law

Postby b1969 » Sun Jun 18, 2017 7:52 am

On what provision of the Data Protection Act 1998 (DPA) are you basing your claim? In what way has the act been contravened?

The action of passing confidential information about an individual to a third party does not in itself give rise to a justiciable claim: there are many instances where such an action is not only permissible but necessary (for instances in the context of criminal justice, or safeguarding). The DPA contains provisions which justify such action, so merely saying "confidential information about me was passed to a third party" cannot ever suffice as the basis of a claim.
b1969
 
Posts: 297
Joined: Tue Nov 06, 2012 1:48 pm

Re: Concise statement of the facts or of the law

Postby blue » Sun Jun 18, 2017 2:54 pm

My claim was not struck out because of this. This will be an issue that should be considered later if I win my appeal against the decision to strike out my claim. My claim was struck out because the judge has considered that the data protection issue to which I refer in my witness statement was a new ground and that my case as pleaded did not deal with data protection issues. I disagree with this because I consider that the data protection issue is not an entirely new ground because in my statements of case I complain about facts that have something to do with data protection.

I would like to know if when the judge asked me if I wanted he accepts my witness statement if this was equivalent to ask me if I wanted to make an oral application to amend my statements of case to include a breach of the Data Protection Act 1998 because applications can also be made orally because PD Direction 23 A paragraph 2.10 says

“2.10 Where a date for a hearing has been fixed and a party wishes to make an application at that hearing but he does not have sufficient time to serve an application notice he should inform the other party and the court (if possible in writing) as soon as he can of the nature of the application and the reason for it. He should then make the application orally at the hearing”

Moreover if the issue of Data Protection Act 1998 which arises from my witness statement is no pleaded as say the judge should have the judge in this circumstance accepted this new witness statement? Has not the judge acted in contradiction with himself?
blue
 
Posts: 16
Joined: Fri Jun 16, 2017 11:37 am

Re: Concise statement of the facts or of the law

Postby dls » Sun Jun 18, 2017 2:56 pm

the issue of Data Protection Act 1998 which arises from my witness statement


Sorry, but your case issue do not arise in your witness statement.
David Swarbrick (Admin) dswarb@gmail.com - 0795 457 9992
User avatar
dls
Site Admin
 
Posts: 12195
Joined: Thu Nov 01, 2012 1:35 pm
Location: Brighouse, West Yorkshire

Re: Concise statement of the facts or of the law

Postby blue » Sun Jun 18, 2017 3:22 pm

The judge says that the issue of data protection act is a new issue arising from my witness statement but that it is not pleaded and that there is not before the court an application to amend the pleaded case
blue
 
Posts: 16
Joined: Fri Jun 16, 2017 11:37 am

Re: Concise statement of the facts or of the law

Postby blue » Sun Jun 18, 2017 4:35 pm

The judge said that there was no application before him to amend the pleaded case. However I think that when he asked to the parties if they wanted he accepts my witness statement with this new ground he was dealing with an oral application
blue
 
Posts: 16
Joined: Fri Jun 16, 2017 11:37 am

Re: Concise statement of the facts or of the law

Postby atticus » Sun Jun 18, 2017 8:11 pm

No he wasn't. Your witness statement is not your particulars of claim.
User avatar
atticus
 
Posts: 19704
Joined: Sun Nov 11, 2012 2:27 pm
Location: E&W

Re: Concise statement of the facts or of the law

Postby blue » Sun Jun 18, 2017 10:11 pm

My witness statement was not my particulars of claim nor would have been any applications that I could have made to amend it. The judge could have considered that my witness statement raises a new cause of action which was not pleaded in my particulars of claim and could have asked me during the pre-hearing if I wanted to make an oral application to have my particulars of claim amended so that it includes this new cause of action
blue
 
Posts: 16
Joined: Fri Jun 16, 2017 11:37 am

PreviousNext

Return to Litigation Practice

Who is online

Users browsing this forum: No registered users and 1 guest