In an analysis of a recent High Court ruling, data protection specialist Jon Baines examines a decision by Mr Justice Richie to uphold an appeal against the striking out of claims brought by a woman who had been forced to flee safe homes due to the inadvertent disclosure of her addresses to an abusive partner.
The judgment involved a detailed analysis of the complex common law concept of "immunity from suit" and its application in different scenarios, including court proceedings. Mr Justice Richie highlighted the need for careful consideration of whether the claimed immunity applies to the specific facts of each case, particularly in the context of disclosure of confidential information. The judge concluded that a balancing exercise should be applied to determine if immunity is justified, especially in cases involving extraneous or administrative matters rather than evidence directly related to the case.
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