Source: All England Reporter
Publisher Citation: [2017] All ER (D) 37 (Apr)
Neutral Citation: [2017] EWHC 695 (QB)
Court: Queen's Bench Division

Popplewell J

Representation Philip Coppel QC and David Sherborne (instructed by Lee & Thompson LLP) for the claimant.
  Antony White QC and Ben Silverstone (instructed by Reynolds Porter Chamberlain LLP) for the defendant.
Judgment Dates: 6 April 2017


Practice - Interlocutory proceedings - Stay of proceedings - Claimant issuing proceedings against defendant publisher in respect of number of articles published - Claimant seeking damages and/or injunction for misuse of private information, harassment, and breaches of data protection legislation - Defendant applying for stay of proceedings - Claimant resisting application for stay on grounds incompatible with European Union law - Whether domestic law being inconsistent or incompatible with EU law - Data Protection Act, s 32(1), (4) - of European Parliament and Council, art 9 - European Convention on Human Rights, art 10.

The Case

Practice Interlocutory proceedings. The Queen's Bench Division held that the provisions of s32(4) of the Data Protection Act 1988, which provided in certain circumstances for an automatic stay of proceedings in respect of journalistic materials, was neither inconsistent or incompatible with art9 of Directive (EC)95-46 of the European Parliament and of the Council. The parliamentary purpose was reflected in the wording of s32(4) of the Act, which provided for a pro tanto stay.

Practice Areas

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