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The High Court refused an application by a technology company to have preliminary issues in its statutory appeal against the Data Protection Commission heard at the same time or immediately following similar issues already scheduled to be determined in separate proceedings brought by another company. The court held that the requested approach was not justified, as the preliminary issues were questions of law suitable for single determination, and there was insufficient basis to conduct parallel hearings or treat the appeals as 'pathfinder' cases. The judge found no material factual difference warranting duplication, emphasising judicial economy and efficiency, and ruled that it was appropriate for the issues to be decided in the proceedings already fixed for hearing, thereby refusing the technology company's application for coordinated or duplicate determination.
preliminary issues – data protection appeals – statutory appeal – trial of preliminary issues – application for directions – judicial efficiency – duplication of hearings – pathfinder litigation – Rules of the Superior Courts (RSC) – Data Protection Act 2018 – Article 60 GDPR – standard of review – case management – judicial discretion – costs and procedural fairness
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