Jump to content


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 1580 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Dear all,

 

I unfortunately suffer from chronic depressive illness and have done so for many years with the condition significantly worsening over the past few years.

 

In the year 2011 I had been subject to police investigation. I attended a police interview on a voluntary basis.

 

Due to my debilitating depression I had an appropriate adult also attend this interview who I understand was a social worker at that time.

 

The social worker, without my explicit consent, went on to record the details of the alleged criminal charges I faced on the NHS Trust’s IT system and within my electronic patient records. This information is categorised as highly sensitive information as defined under section 2 (h) of the Data Protection Act and the Trust seemingly recorded this information unlawfully. Their response however is that the processing of this information was 'necessary for medical purposes'.

 

The criminal matter has been long since disposed of in my favour however the Trust are continuously processing this information wherever and whenever possible.

 

I am not clear on whether or not explicit consent was needed here. It seems to me it was.

 

I should be most grateful for any input.

Edited by totally_pennyless
Link to post
Share on other sites
  • Replies 122
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Posted Images

Hi

Although I feel clarification from the information commissioner would be useful for you my instinct is that the social worker probably did the right thing.

 

The recording of sensitive data on your medical records is for your benefit should something happen to you. It will only be disseminated to other parties within the NHS to assist in your treatment.

 

You can send the GP a request not to share sensitive data with other bodies.

 

That is my OPINION only, not a direct fact and you should wait for others to comment.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

Link to post
Share on other sites
Hi

Although I feel clarification from the information commissioner would be useful for you my instinct is that the social worker probably did the right thing.

 

The recording of sensitive data on your medical records is for your benefit should something happen to you. It will only be disseminated to other parties within the NHS to assist in your treatment.

 

You can send the GP a request not to share sensitive data with other bodies.

 

That is my OPINION only, not a direct fact and you should wait for others to comment.

 

Thanks silverfox1961.

 

The sensitive information was shared within my mental health records. The Trust are refusing to amend the entries.

 

My previous experiences with the Information Commissioner has not been positive. I find them to be rather toothless.

 

I have started taking legal action against the Trust.

Link to post
Share on other sites
  • 3 months later...

Dear all,

 

I have issued a County Court claim after the other side disregarded my pre-action letters.

 

The other side failed to issue a defence so I successfully applied for a default judgment.

 

4 weeks later (today) the other side then apply for a strike out hearing.

 

Can they do that once a default judgment has been entered? How does CPR 12.3 (3)(a)(i) apply?

 

Many thanks in advance.

Link to post
Share on other sites

Power to strike out a statement of case

3.4

(1) In this rule and rule 3.5, reference to a statement of case includes reference to part of a statement of case.

(2) The court may strike out(GL) a statement of case if it appears to the court –

(a) that the statement of case discloses no reasonable grounds for bringing or defending the claim;

 

 

 

 

12.3

 

(1) The claimant may obtain judgment in default of an acknowledgment of service only if –

(a) the defendant has not filed an acknowledgment of service or a defence to the claim (or any part of the claim); and

(b) the relevant time for doing so has expired.

 

 

12.3

(3) The claimant may not obtain a default judgment if –

(a) the defendant has applied –

(i) to have the claimant’s statement of case struck out under rule 3.4; or

(ii) for summary judgment under Part 24,

and, in either case, that application has not been disposed of;

  • Confused 1

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Thanks. I had already figured that part out. :-)

 

I am not sure if 12.3 (3)(a)(i) means it is too late in the day for a strike out.

 

Also, because they failed to respond to the letter before action and file a defence does that mean there will be little chance of them successfully applying for costs? The claim was likely to be allocated to the small claims track.

Link to post
Share on other sites

I suppose it depend on what date the application was made.....they only refer and rely on to 3.4 2a ...not relying on 12.3 (3)(a)(i)

 

(3) The claimant may not obtain a default judgment if –

(a) the defendant has applied –

(i) to have the claimant’s statement of case struck out under rule 3.4; or

(ii) for summary judgment under Part 24,

and, in either case, that application has not been disposed of

 

" and, in either case, that application has not been disposed of " is key....and the date is was made?

 

Irrespective of track ...costs in applications are usually granted.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Only if the application is allowed/successful...which I doubt it would be.Have you received this (N244) only from the Defendant ? not the court ?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

I would wait until the court officially notify you if there is going to be a hearing to consider if at all....you must consider that they are trying to strike out a judgment in effect...normally you make application to set it a side the judgment first and then try to strike out....the court should simply respond that they did not acknowledge service ...did not submit a defence and waited 4 weeks after default judgment...and then they still got it wrong...see what transpires.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Surely if judgement is given them it's too late to strike out, it's all over !?.

 

Strike out applications are supposed to be done very early, normally after acknowledgement and before allocation (as its pre allocation to track, the small track rules don't apply and you can claim costs).

 

It maybe possible as suggested above for s set aside to be done and then a strike out application applied for

 

But surely a strike out at this stage is impossible or an abuse of process. In any event if the strike out has no hope of success then let it go ahead and get costs (even at LiP rates you could get a few hundred quid, although as mentioned earlier normally all this is done pre allocation).

 

Just had a look at attachment and I agree with comments above, surely it maybe possible IF default judgement is set aside first BUT they would need to explain to court why set aside should be granted and why they didn't file docs on time, a judge will want to hear a good reason and will be quite harsh if a solicitor is involved, a LiP may get a bit more leeway.

Link to post
Share on other sites

Thanks Andy.

 

I would agree it seems an abuse of process. It appears they are making every effort to bypass the case law with respect to set aside applications. See http://www.ealaw.co.uk/articles/cpr-part-3-9-the-new-guidance

 

Moreover, where does all this leave me in terms of being on an equal footing?

 

Indeed. I suspect they are trying to save costs too.

Link to post
Share on other sites

I would of thought the court take no notice of this as case had ended. But maybe they would tell them they need to apply to set aside or at least try.

 

Whatever happens it's looking dodgy got them and they could be liable for all sorts of extra costs.

  • Confused 1
Link to post
Share on other sites

I would execute your judgement in the meantime :-)

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Judgment Hearing ?

 

I thought you had already requested judgment 4 weeks ago?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Ignore the above...default judgment from CCBC I assume so transferring it to your local CC for execution?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...