Responding to a claim for misuse of private information—a practical guide
Produced in partnership with Robert Brodrick and Stephen Woodward of Payne Hicks Beach
Responding to a claim for misuse of private information—a practical guide

The following Dispute Resolution guidance note Produced in partnership with Robert Brodrick and Stephen Woodward of Payne Hicks Beach provides comprehensive and up to date legal information covering:

  • Responding to a claim for misuse of private information—a practical guide
  • Defending privacy claims—initial considerations on receipt of letter of claim
  • Defending a privacy claim—jurisdiction
  • Defending a privacy claim—immediate steps
  • Defending a privacy claim—defendant’s attitude to the claim
  • Defending a privacy claim—the letter of response
  • Defending a privacy claim—making an early offer to settle
  • Case management issues

Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners considering cross border issues, including jurisdiction and service (considered below). For guidance, see Cross border considerations—checklist, including main sections Jurisdiction—Brexit specific and Service—Brexit specific.

This Practice Note considers how to respond to a letter of claim in misuse of private information (a privacy claim). It covers:

  1. initial considerations on receipt of a letter of claim, including whether there is a valid claim, whether any defences are available and whether or not the letter of claim is CPR compliant

  2. any jurisdictional issues that may arise and require assistance from foreign lawyers

  3. immediate steps including: preparing to respond to any interim injunction that may be sought, preventing any further (alleged) harm, document collation and preservation

  4. considerations before responding to a claim

  5. the letter of response

  6. making an early offer to settle

  7. settlement and alternative dispute resolution (ADR) generally

  8. early case management matters

For guidance when advising your client in relation to bringing a privacy claim, see Practice Note: Starting a claim for misuse of private information—a practical guide.

For further general guidance on responding to a letter of claim with reference to the Pre-action Protocol for Media and Communications Claims, see Practice Note: Responding to a letter of claim—a practical guide.

Defending privacy