Shell Energy - Failure to disclose data

[Andyorch]

Making a claim of harassment through the civil Court

 

The Protection from Harassment Act 1997 (Act) prevents a person from acting in a way which amounts to harassment of another or in a way which he/she ought to be aware would amount to harassment of the other. This is an objective test and considers whether a reasonable person with the same information as the defendant would be aware that his/her actions would amount to harassment. 

 

The burden of proof in the civil Courts is lower and only requires a claimant to prove harassment on the balance of probabilities. This means harassment must be shown to be more likely to have been caused than not.

 

A part 8 claim can be submitted but will be automatically allocated to Multi track...which can still be dealt with through the small claims track but with the threat of MT costs implications.

 

 

[Andyorch]

Yes I accept that but doubt that it could be relied upon as a precedent...unless it was heard in the High Court. 

[Andyorch]

Fair enough   now what about the threat of Multi Track costs ?

[Andyorch]

2.9 The following proceedings may not be started in the County Court unless the parties have agreed otherwise in writing:

(1) a claim for damages or other remedy for libel or slander, 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part07/pd_part07a

 

[Andyorch]

But it is for damages or harassments...which is not a part 7 claim.

[Andyorch]

If its determined that its not a part 8 claim it can always continue as a part 7.

 

8.1

(1) The Part 8 procedure is the procedure set out in this Part.

 

(2) A claimant may use the Part 8 procedure where –

 

(a) he seeks the court’s decision on a question which is unlikely to involve a substantial dispute of fact; or

(b) paragraph (6) applies.

 

(2A) In the County Court, a claim under the Part 8 procedure may be made at any County Court hearing centre unless an enactment, rule or practice direction provides otherwise.

 

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part08

 

[Andyorch]

I would combine it into one claim....then the claim would be leaning more towards a part 7 and could be issued as a part 7.

[Andyorch]

If you left it too close to the hearing possibly but if provided sufficient notice.

 

Form N434: Tell a court about a change of legal representative - GOV.UK

WWW.GOV.UK

---

Use this 'notice of change' to tell a court that the legal representative in a case has changed.

 

[Andyorch]

55 minutes ago, Intrepid said:

I'm not talking about myself and I'm talking 4 hours notice.

 

I never inferred you were....as long as the above form has been submitted and processed in time then I really cant see a valid objection.

 

Notice of change of solicitor

2.1 Rule 42.2(1) sets out the circumstances following which a notice of the change must be filed and served.

2.2 A notice of the change giving the last known address of the former assisted person must also be filed and served on every party where, under rule 42.2(6):

(1) the certificate of a LSC funded client or assisted person is revoked or discharged,

(2) the solicitor who acted for that person ceased to act on determination of his retainer under regulation 83 of those Regulations, and

(3) the LSC funded client or the assisted person wishes either to act in person or appoint another solicitor to act on his behalf.

2.3 In addition, where a party or solicitor changes his address for service, a notice of that change should be filed and served on every party.

2.4 A party who, having conducted a claim by a solicitor, intends to act in person must give in the notice an address for service that is within the United Kingdom⁵.

2.5 Subject to paragraph 2.7A, practice form N434 should be used to give notice of any change. The notice should be filed in the court office in which the claim is proceeding.

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part42/pd_part42

 

[Andyorch]

 Many thanks Intrepid

 

Andy

[Andyorch]

Topic open

[Andyorch]

Topic open

[Andyorch]

Manifestly unfounded and excessive requests

ICO.ORG.UK

---

This Guide to Law Enforcement Processing highlights the key requirements of Part 3 of the Data Protection Bill.

 

[Andyorch]

Quote

I now realise this may have been a mistake as the provision under CPR 24.5 is in reference to Summary Judgment only, perhaps @Andyorch knows otherwise and whether I can legitimately request their latest statement is dismissed.

Im not up to speed on your topic intrepid...this is with regards to an application to set a side your default judgment? ...what date was the application made and did they attach any evidence to the application and what date is the hearing ?