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The High Court struck out the plaintiff's claim seeking declarations and remedies in relation to the alleged unlawful processing of personal data during the sale of a mortgaged property, including claims of unlawful transfer of a loan and breaches of data protection rights. The court found that the legal activity undertaken by solicitors and others involved in the conveyancing process was not unlawful, as any use of the plaintiff's personal data was necessary and proportionate in fulfilling contractual and statutory obligations associated with the property sale. The court determined that the proceedings were an abuse of process, being a collateral attack on the lawfulness of the mortgage transfer and an attempt to disrupt the completion of the sale, rather than a genuine data protection complaint. Consequently, the proceedings were dismissed and the solicitors were provisionally awarded their legal costs.
application to strike out claim – property sale – mortgage transfer – data protection – General Data Protection Regulation (GDPR) – abuse of process – plaintiff’s consent – contract for sale – statutory obligations – conveyancing – solicitors’ duties – money laundering accusation – Order 19 Rule 28 RSC – Legal Services Regulation Act 2015 – costs of proceedings – collateral attack
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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