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Single case or multiple case??

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  • Single case or multiple case??

    I have multiple discrete DPA breaches by the same firm against myself [20+].

    Lets agree [for the sake of not arguing] that each breach is worth £1000.

    Do I have to bring them all as one case...which would take me over the £10k Small Claims track, or can I bring a [small] claim for say 5 of them, and then repeat four times?? Or even a claim for one of them, and then repeat twenty times.

    If i can 'split' them up then i can keep under the Small Claims 10k limit and thus not be exposed to the risk of costs.

    Also a case for £1k is more likely to be settled by the company than spend £10k on unrecoverable costs defending it.



    Tags: None

  • #2
    Hi LLLLLLLLLLL

    The courts expect you to do everything to resolve the dispute before you turn to them. You need to try to resolve the matter with the organisation.

    Here's some information -

    https://ico.org.uk/your-data-matters...-compensation/

    Comment


    • #3
      Lets assume I've tried all that....

      So I go to court with one, and win. Then I say to organisation "there are another 19...lets settle then in same way'. org says 'Do one'.

      So do I now do one/five at a time avoiding costs risks..or do I HAVE to roll them all into one and risk costs being awarded?

      Comment


      • #4
        If you go to court with one and lose, will you not proceed with the other 19?
        And who is setting the value of each breach?

        Depends on how similar these cases are.
        If you can lump 5 together, and the rest are similar the court will expect all to be done in the same case.
        To do otherwise will probably be regarded as abuse of process, and your defendant will be quick to point this out.

        If you have concerns consider a claim for £10,000 for all 20 breaches

        Comment


        • #5
          Possibly drop them all, but more so I can adapt my case depending upon why i lose. [I feel ultra confident I'll win].

          Value is the bottom end of a DPA claim ...its not essential to the point I'm asking for help on as well.

          Very similar, virtually identical.

          Yes I was worried about abuse of process...seems like it to tie the courts up with 20 small cases cf one bigger one...but a followup question for you would be...'could i succesfully argue against an abuse of process by pointing out my need to avoid cost risks??


          Yes considering suing for £10k for all of them...but would rather get £20K!!! lol

          Comment


          • #6
            Originally posted by LLLLLLLLLLLL View Post

            Yes I was worried about abuse of process...seems like it to tie the courts up with 20 small cases cf one bigger one...but a followup question for you would be...'could i succesfully argue against an abuse of process by pointing out my need to avoid cost risks??
            Most unlikely such an argument would be successful




            Comment


            • #7
              Originally posted by LLLLLLLLLLLL View Post
              'could i succesfully argue against an abuse of process by pointing out my need to avoid cost risks??
              No, because the court would say that if you are confident you'll win then you shouldn't be concerned about costs as you'll win and won't be the side paying them.

              You then get into the realms of validity of the claim and application for summary judgement due to part 24.2(i) from the defendant.
              COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

              My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

              Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

              Comment

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