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 Information Law practice 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, 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...

This Practice Note deals with practical and procedural issues that may arise in a privacy action. It covers various stages of litigation including identifying the defendant, writing a letter of claim, anonymising the parties and keeping information private during court proceedings. Alternatives to litigation are also considered.

See also Practice Note: Starting a claim for misuse of private information—a practical guide.

Brexit

This Practice Note makes several references to the European Convention on Human Rights (ECHR), incorporated into UK law by the Human Rights Act 1998 (HRA 1998). Brexit has had no automatic impact on either the HRA 1998 or the incorporation of the ECHR provided for by the HRA 1998. The ECHR is an international treaty that protects the human rights of people in countries that belong to the Council of Europe, which is an entirely separate body from the EU. The UK continues to be a member of the Council of Europe.

Note that the EU-UK Trade and Cooperation Agreement provides that the deal does not alter the UK’s obligations under the ECHR and that the deal can be terminated in the event of either side denouncing the ECHR.

For more information, see:

  1. Q&A: What does Brexit mean for the Human Rights Act 1998?

  2. LNB News 07/01/2021 77: Comment—EU-UK Trade and Cooperation Agreement provisions on human rights

See also Practice Note: What does IP completion day mean for

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