Misuse of private information / specific disclosure

[wildcolonialboy]

A private company that has significant holdings of commercial data, and also did business with my employer, leaked some information about me that they had (relating to posts on an internet thread) to my employer in retaliation for concerns I raised with my employer, in my capacity as a trade union officer, about some compliance issues re my employer doing business with them. Those concerns of mine were substantiated in an expert report commissioned from an external consultant by my employer.

I wrote to that third-party company about six months ago, complying with the pre-action protocols, telling them I intended to bring a suit for misuse of private information / breach of confidence. They didn't comply with the pre-action protocols at all. I made all the right noises, offering ADR, outlining my case, making offers to settle. They were so arrogant they didn't even bother to reply to my letters until I actually issued the claim.

They served an acknowledgement, and then on the very last day they had to serve their defence, they made an application for disclosure of a document I had mentioned in my particulars (the expert report), but that document has absolutely bearing on my cause of action, and logically cannot disclose any facts giving rise to a defence. They asked for disclosure based on 31.14, but in their witness statement failed to outline why 31.1(2) did not apply. They asked for specific disclosure, and that I have 14 days to comply and that they have another 14 days after I comply to serve their defence.

I am bound by confidentiality not to disclose this particular document, it's irrelevant to the case as stated and cannot disclose any facts that would give rise to a defence to the act of misuse of private information. Their solicitor has also been extremely arrogant, making threats to have my statement of case struck out (despite there being no justification for it), as well as threatening to sue me for defamation originally if I went ahead and raised the issues with my employer (issues which were substantiated)

Any thoughts?

[Tools]

Re: Misuse of private information / specific disclosure

Is it commercially sensitive information? If so you would you be willing to disclose that document to the Court only to rule on whether it was relevant to the case or not.

[edit: afterthought] Surely if you have mentioned it in your POC then it is relevant to the case and they have a right to see any documents on which you rely

[wales01man]

Re: Misuse of private information / specific disclosure

Is your union fighting this for you?

[wildcolonialboy]

Re: Misuse of private information / specific disclosure

Is it commercially sensitive information? If so you would you be willing to disclose that document to the Court only to rule on whether it was relevant to the case or not.

It's commercially sensitive in that my employer passed it to me on an expressly confidential basis, and although not prepared by a lawyer, includes an assessment of my employer's legal position and possible liability in respect of their dealings with that third party.

I typed up a response to their application witness statement, but the CCBC said the files had already gone to the judge and I can apply for the order to be set aside if I disagree. I'm really concerned because I thought a litigant was always in a position that they could write to the judge to provide information if necessary, and the defendant asked it be dealt with without a hearing. I fear I'd be at a tactical disadvantage in seeking to have it overturned.

The CCBC said it could take six weeks for it to be dealt with (I did make a request for judgment in default the same day they made their application, but it was rejected because they said there was a "bar" on the case while the application is dealt with)

[wildcolonialboy]

Re: Misuse of private information / specific disclosure

Is your union fighting this for you?

Nope. Long story, there was also some issues in respect of my employer that they did cover (and we got a good settlement there) but my union has said they will not cover a misuse of private information case against a third-party. Fair dos, it's not an employment issue per se.

[wildcolonialboy]

Re: Misuse of private information / specific disclosure

[edit: afterthought] Surely if you have mentioned it in your POC then it is relevant to the case and they have a right to see any documents on which you rely

I would be happy to amend my particulars not to include those words. My case doesn't rely on it in any sense (I was perhaps being a little expansive in telling the story in my particulars).

And I cannot see anything in 31.14 that expressly disregards the 31.1(2) exemption

[Tools]

Re: Misuse of private information / specific disclosure

If the information was confidential it shouldn't have been mentioned on the POC, if it has no bearing on the case I would be inclined to amend to remove it. Not sure about the procedural ways to do this but others should be able to tell you.

[wildcolonialboy]

Re: Misuse of private information / specific disclosure

If the information was confidential it shouldn't have been mentioned on the POC, if it has no bearing on the case I would be inclined to amend to remove it. Not sure about the procedural ways to do this but others should be able to tell you.

I didn't disclose the information, I disclosed the existence of the report. And the whole point about small claims is that part 31 disclosure doesn't apply; I don't see how the rights arising from 31.14 overcome the 31.1(2) hurdle?

Regarding the procedural way to amend, you do that by making an application to amend particulars, though this could make me vulnerable to having the defendant's costs awarded up to the point until the amendment was made

It seems sensible to me to wait until directions/case management to put the issue to the judge