Starting a claim for misuse of private information—a practical guide

The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:

  • Starting a claim for misuse of private information—a practical guide
  • Privacy claim—is there a claim?
  • What does a claimant have to show to establish a claim in misuse of private information?
  • Concurrent UK GDPR and privacy claims
  • Defences
  • Who can sue in misuse of private information?
  • Considerations in relation to the potential defendant
  • Remedies
  • Privacy claim—limitation
  • Privacy claims—cross-border claims
  • More...

Starting a claim for misuse of private information—a practical guide

This Practice Note considers how to start a claim for misuse of private information (a privacy claim) in England and Wales on or after 1 January 2021. It covers:

  1. whether there is a claim and who can bring it

  2. who the potential defendants are and key defences

  3. remedies

  4. limitation

  5. jurisdiction

  6. other considerations on receipt of instructions (interim relief, document preservation, alternate causes of action and alternatives to litigation)

  7. funding the claim

  8. pre-action conduct

  9. starting proceedings

For further information on the misuse of private information, see Practice Note: Privacy law—misuse of private information.

For guidance on initial considerations when faced with a claim against your client for misuse of private information, see Practice Note: Responding to a claim for misuse of private information—a practical guide.

Privacy claim—is there a claim?

Clearly the first step is to identify whether or not your client has a claim.

What does a claimant have to show to establish a claim in misuse of private information?

The underlying legal right relating to the cause of action arises from Article 8 of the European Convention on Human Rights (‘ECHR’), as incorporated into English law by the Human Rights Act 1998 (HRA 1998). The ECHR appears as HRA 1998, Sch 1.

For discussion of the sources of the law in this area, see: Privacy and misuse of private information—overview.

The claimant

Popular documents