what to do - illegally obtained personal data

[Jim1966]

I was helping a friend who was defending a small claim. The claimant was represented by a solicitor.

Just before we were called in, the claimant's solicitor asked to discuss something with me without my friend being present. She told me that they had obtained recent tax returns/personal accounts and that these showed my friend was a fraudster. I asked why they hadn't been served and where they got them from. She said they had only just received them "from a friend" and that she had given them to the judge a few moments earlier.

From what I could see they were looked genuine. She didn't offer me a copy and I didn't ask for one, thinking that in court I could then at least complain that I hadn't seen them.

The judge dismissed the claim. As he was doing so, the solicitor said "we would like to refer you to evidence we have as to the unreliability of the defendant". The judge replied that he was deciding the case on the evidence in front of him and that was that. He was having none of it.

So it's not clear to me if he accepted the documents given to him, but if he did he didn't think they were relevant.

But I'm left with a sick feeling. I know my friend's accountant. Neither he nor my friend had disclosed anything. He phoned HMRC and they had no record of any requests. I believe the claimant used a private detective. Frankly she will stop at anything and has said as much. It's a vendetta.

The accounts really don't show anything negative about my friend, but the data is personal and my friend is upset.

What can we do? Complain to HMRC? The police? The information commissioner?

Thanks for any ideas.

[miliitant]

Re: what to do - illegally obtained personal data

i will let bluebottle handle this one

the judge was correct about re-submitting evidence once they have been previously exchanged and rejecting it without an n244 application notice

i am surprised the solicitor even had the gall to give it to the judge, seems a strange tactic to use and i will withhold reservations

[bluebottle]

Re: what to do - illegally obtained personal data

Hi Jim,

The judge acted perfectly correctly by telling the claimant's solicitor to take a hike and striking-out the claim. The claimant and their solicitor have breached disclosure rules under Civil Procedures Rules, which require prior disclosure of any evidence they intend to rely upon as part of the pre-action protocols. The solicitor knows this and should have ensured this was complied with. I have doubts as to the authenticity of these "accounts" the claimant's solicitor showed you.

I am a retired policeman and my gut-feeling says that the "accounts" you were shown were either fabricated or unlawfully obtained and doctored. If your friend has contacted HMRC and they have said they have no record of any request being made for his Tax Returns and Accounts, then there has either been a serious breach of security at HMRC, in which case, your friend needs to inform HMRC immediately, or the claimant and their solicitor attempted to mislead the court or, worse still, have made a rather ham-fisted attempt at perverting the course of justice.

In the first instance, I would be inclined to make your concerns known to the Court Manager at the court where the hearing took place. Put your concerns in writing. If the Court Manager feels that the judge who heard the case needs to be consulted or the District Judge at the court needs to be consulted, they will do so and write back to you. I would do this as soon as possible as the sooner it is reported, the quicker it can be dealt with.

I would not worry about the police, HMRC or Information Commissioner's Office at the moment. This should become clear when the Court Manager writes back to you.

You have said that the claimant in this case is involved in some sort of vendetta against your friend. Is there any reason for this, please? if you could post up the reason for her behaviour towards your friend it should be easier to determine what advice needs to be given.

[Jim1966]

Re: what to do - illegally obtained personal data

Thanks very much for the speedy responses.

I should add that it was obvious the solicitor was local - she was on first name terms with the court officials and the judge obviously knew her. Despite that, we were successful, really the claim was very weak. I am certain they would like to appeal (the claimant tried arguing with the judge after he gave judgment as she wasn't accepting it). I know that you can't just appeal because you don't like the result, but I'm sure they will be looking for something.

I wonder - if I now complain to the court that there was some impropriety, is there a risk that this could give grounds for appeal or holding a retrial?

I say vendetta in this sense. It's a commercial dispute between two sole traders. The claimant feels cheated and has made a phone calls threatening to destroy the defendant's business. We believe she has been posting fake negative reviews on website about my friend's business and has said she would use "all methods" to right the wrong. It was clear from the hearing that she has spent much more on lawyers than the sum involved. My friend is pragmatic - she considered paying up, but decided against it simply because the claimant could use this in publicity. Frankly the claimant is a nutter.

[bluebottle]

Re: what to do - illegally obtained personal data

Thanks very much for the speedy responses.

I should add that it was obvious the solicitor was local - she was on first name terms with the court officials and the judge obviously knew her. Despite that, we were successful, really the claim was very weak. I am certain they would like to appeal (the claimant tried arguing with the judge after he gave judgment as she wasn't accepting it). I know that you can't just appeal because you don't like the result, but I'm sure they will be looking for something.

I wonder - if I now complain to the court that there was some impropriety, is there a risk that this could give grounds for appeal or holding a retrial?

I say vendetta in this sense. It's a commercial dispute between two sole traders. The claimant feels cheated and has made a phone calls threatening to destroy the defendant's business. We believe she has been posting fake negative reviews on website about my friend's business and has said she would use "all methods" to right the wrong. It was clear from the hearing that she has spent much more on lawyers than the sum involved. My friend is pragmatic - she considered paying up, but decided against it simply because the claimant could use this in publicity. Frankly the claimant is a nutter.

If your friend has recordings of these telephone calls the claimant has made, these could be very useful in having the claimant legally restrained. If she has been posting fake reviews on websites that are damaging to your friend and her business, this is covered by Section 127, Communications Act 2003. As for any other threats she has made, the fact that your friend is in business as a sole trader is a blessing as she can use the civil remedy provisions under Section 3, Protection from Harassment Act 1997 to restrain the claimant with a Prohibitory Injunction in respect of the harassment only. Although an individual can apply for such an injunction themselves, I would strongly advise that it is done with the assistance of a legal professional to ensure all angles are covered and the injunction is as tight as possible. As for the solicitor the claimant used, it would be a good idea to speak to the Solicitor's Regulation Authority (SRA) as misleading a court or, even, attempting to mislead a court is serious professional misconduct under the Solicitors' Code of Conduct.