How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

Can a plaintiff send a physical copy of an undertaking/court

Resolved Question:

Can a plaintiff send a physical copy of an undertaking/court judgement to a non party to proceedings. The non party was not present in open court and had made no request to the plaintiff for a copy of the order.
If they can, what is the point of a non party needed permission to obtain this from a court under CPR 5.4? To be strictly accurate it was not an actual judgement but an undertaking in an anti social behaviour injunction action.
The plaintiff had already notified the 3rd party in a letter of the contents of the undertaking, that letter also contained the physical copy of the undertaking.
I am considering a claim under unlawful data processing in relation to 3rd parties.
In particular DPA 1998 Section 55; Schedule 1(1b), (7) also Schedule 3(3), (4d).
The stumbling block I see is Schedule 3(5) as the undertaking was given in open court. The only persons present in court were the parties and judge. However, CPR 5.4C(1b) also covers supply of judgements given in open court to non parties and would require a request from the non party.
Pertinent facts:
I was the defendant/respondent.
Plaintiff is a social landlord (not for profit)
My consent for a copy of the undertaking to be supplied was never sought.
I have no contract with the plaintiff, I live in one of their properties under licence.
The undertaking was supplied to the person I live with (the tenant).
The plaintiff did not ask the tenant is they wanted a copy of the undertaking.
The plaintiff did not even check if the tenant was aware of the proceedings.
The plaintiff could at any time have included the tenant as an interested party but did not do so.
The tenant did not request a copy at any time, from any party or the court.
Submitted: 1 year ago.
Category: Law
Expert:  Alice H replied 1 year ago.
My name is ***** ***** I am happy to help you today. What was the purpose of the copy judgment being supplied to the third party?
Customer: replied 1 year ago.
That would I suppose depend on your perspective.My perspective is that it was suplied to cause maximum distress to myself and a division between myself and the person I live with.As stated before this was an injunction request for anti social behaviour with a power of arrest attached, this means they felt my behaviour to be criminal in nature. The matter was dealt with by way of undertaking and power of arrest was removed from the order. Allegations of criminal behaviour are to be treated as sensitive data as per Part 1, Section 2 (g) & (h) of the Data Protection Act 1998. The key word here in relation to processing sensitive personal data under the Data Protection Act 1998 is "necessary". The copy undertaking was superfluous as the contact letter had already stated proceedings had taken place, on what date and the result, including the terms of the undertaking. In my view, the copy order was not necessary as the events had already been relayed in the letter.Also, the copy undertaking the plaintiff supplied to the non party was not correct as the copy supplied did not show the power of arrest removed. The court had to be approached again in order to get a corrected version. The corrected version has not been supplied by the plaintiff to the non party.I would assume they would argue public interest, vital interests of other persons etc.
Expert:  Alice H replied 1 year ago.
I will have a proper look at the DPA and respond to your points. Thanks.
Expert:  Alice H replied 1 year ago.
Did the third party request the judgment or was s/he involved in the proceedings in any way? Have you had a look at section 35 DPA? If not, please take a look and let me know if that changes your position in any way and I will provide you with my view on the matter.
Customer: replied 1 year ago.
Section 35 does not apply. The non party was not involved in the proceedings at any time at all or in any fashion.As stated before the non party made no request to any party to the proceedings or the court for a copy of the undertaking. Nor did the plaintiff make any check whatsover as to whether the non party even knew about the proceedings before supplying a copy.My main beef as it were is that if they were going to supply a copy of the undertaking (which appears to me to have been their intention all along) they could and should have involved the non party as an interested party. That would then constitute both fair and lawful processing. Instead they chose a back door route and are now simply refusing to answer for it. To my mind even if "lawful" processing it is in no way "fair", and it does have to be both as per Schedule 1, Part 1(1). That is an overriding principle in the DPA 1998, without compliance to that I would argue any other action automatically falls flat.Also, as stated before, they supplied an incorrect copy undertaking to the non party and have not rectified this. To my mind this also reinforces my opinion that they have been advised by their legal team that they should not have supplied this document. However, having done so, not to compound the error by also supplying the rectified version.
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
Section 13 of the Act states:
13 Compensation for failure to comply with certain requirements.
(1)An individual who suffers damage by reason of any contravention by a data controller of any of the requirements of this Act is entitled to compensation from the data controller for that damage.
You need to write and set out your losses and request compensation within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
If they do not compensate you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk  or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Can I clarify anything for you about this today please?
Customer: replied 1 year ago.
Alex,Thank you for the procedural advice on claiming damages..I was asking for the above clarification because I believe they have a possible defence under Schedule 3, section 5. If this is the case do I not run the risk of a totally without merit decision being made against me? I wish this clarification because it is my intention to use this issue as one ground in a larger litigation claim. I do not require advice on that claim, I can prove all other allegations.The issue I have asked about as well as forming possible grounds for compensation, will be used to prove a pattern of behaviour by the plaintiff.
Expert:  Ash replied 1 year ago.
No, its arguable but not a totally without merit application.
Does that help?
Alex
Customer: replied 1 year ago.
Fair enough, I'll argue it then. Thanks.
Expert:  Ash replied 1 year ago.
Good luck.
Alex
If this answers your question could I invite you rate my answer before you leave today.
If the system won’t let you please click reply.
Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and 2 other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice
 
 
 

Related Law Questions