Practical and procedural matters in privacy proceedings
Produced in partnership with Ben Gallop and Lily Walker-Parr of 5RB
Practical and procedural matters in privacy proceedings

The following Dispute Resolution guidance note Produced in partnership with Ben Gallop and Lily Walker-Parr of 5RB provides comprehensive and up to date legal information covering:

  • Practical and procedural matters in privacy proceedings
  • Revised CPR, new Pre-Action Protocol and Practice Direction
  • Identifying defendants
  • Vicarious liability
  • Letter of claim
  • Alternatives to litigation
  • Causes of action
  • Choice of tribunal
  • Statements of case
  • Privacy in court proceedings
  • more

Revised CPR, new Pre-Action Protocol and Practice Direction

On 1 October 2019, a revised version of the CPR came into force, which includes an updated CPR 53, a number of revised Practice Directions and a Pre-Action Protocol which applies to all cases within the scope of CPR 53.1—namely, all cases involving defamation, misuse of private information, data protection law or harassment by publication, and claims in breach of confidence and malicious falsehood which arise from publication or threatened publication by the print or broadcast media, online, on social media, or in speech. CPR PD 53 was replaced by CPR PD 53B. CPR PD 53B, paras 8–10 contain a number of provisions in relation to the content of statements of case for misuse of private or confidential information, breaches of data protection law, or harassment. See News Analyses: New pre-action protocol for media and communications claims and New rules for media and communications claims from 1 October 2019.

Identifying defendants

A claimant may have good grounds to restrain a threatened wrong but may be unable to identify the wrongdoer. Where acts are performed or threatened by unknown persons via email, or on the internet, the would-be claimant may make an application for an order that the service provider or other third party give pre-action disclosure under the Norwich Pharmacal