Can someone answer what is meant by "pursuant to an order "

[rps1969]

what is meant by:

"we would point out that such instruction is pursuant to an order of the court"

That one has me confused as I have no idea really what it means.

[Michael Browne]

Few more details needed, what 'instruction'?

[JonCris]

Has a claim been issued through the courts or are they using what is legal jargon to scare you & who sent it?

[rps1969]

Hi

Yes it has gone through as a claim and the judge has instructed a jointly instructed expert before he put it on a track.

However, the defence are going to submit data that they hold that has other peoples data also contained within it. Those individuls are not willing to have their sensitive details sent to this expert by the defence as this claim has nothing to do with them.

The defence has mentioned Data Protection Act section 35 which I have read and also stated "we would point out that such instruction is pursuant to an order of the court"

I will outline in art what has been sent to me.

"As to the prospect of the jointly instructed expert becoming aware of third party information, we would point out that such instruction is pursuant to an order of the court. The jointly instructed expert requires (** the evidence I Have in my possesion**) for his examination purposes and this data should not be interfered with unnecessarily through removal of data. We would also like to draw to your attention to section 35 of the Data Protection Act 1998 which provides an exemption from the requirements of the act in respect of information prepared for or used in connection with legal proceedings".

Hope you can help me somewhat

[Just~me]

It sounds to me like the issue has to be put to the judge, then the judge decides if it can be used in court. If the judge agrees with the defense then the defense will be able to use it in court....

"pursuant to an order"

I may be wrong but thats how I make it out.