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You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> Halliday v Creation Consumer Finance Ltd (CCF) [2013] EWCA Civ 333 (15 March 2013) URL: http://www.bailii.org/ew/cases/EWCA/Civ/2013/333.html Cite as: [2013] EWCA Civ 333 |
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ON APPEAL FROM CAMBRIDGE COUNTY COURT
(HIS HONOUR JUDGE MOLONEY)
Strand London WC2A 2LL |
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B e f o r e :
LORD JUSTICE LLOYD
and
MR JUSTICE RYDER
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HALLIDAY | Appellant | |
--and-- | ||
CREATION CONSUMER FINANCE LIMITED | Respondent |
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WordWave International Limited
A Merrill Communications Company
165 Fleet Street, London EC4A 2DY
Tel No: 020 7404 1400 Fax No: 020 7831 8838
Official Shorthand Writers to the Court)
Mr Philip Capon (instructed by Overburys) appeared on behalf of the Respondent
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Crown Copyright ©
Lady Justice Arden:
The damages to be assessed
The sitting of the court
"Article 24 - Sanctions
The Member States shall adopt suitable measures to ensure the full implementation of the provisions of this Directive and shall in particular lay down the sanctions to be imposed in case of infringement of the provisions adopted pursuant to this Directive."
"13. Compensation for failure to comply with certain requirements.
(1)An individual who suffers damage by reason of any contravention by a data controller of any of the requirements of this Act is entitled to compensation from the data controller for that damage.
(2)An individual who suffers distress by reason of any contravention by a data controller of any of the requirements of this Act is entitled to compensation from the data controller for that distress if—
(a)the individual also suffers damage by reason of the contravention, or
(b)the contravention relates to the processing of personal data for the special purposes.
(3)In proceedings brought against a person by virtue of this section it is a defence to prove that he had taken such care as in all the circumstances was reasonably required to comply with the requirement concerned.
Subsection (3) is set out for completeness but is not in issue in these proceedings.
"I find [CCF's] continued disregard of District Judge Temple's order highly distressing especially when coupled with the court's seeming inability to protect its process from abuse."
Lord Justice Lloyd:
"I find [CCF's] continued disregard of District Judge Temple's order highly distressing especially when coupled with the court's seeming inability to protect its process from abuse."
"I have no idea how much. I do not have evidence of that and it is for Mr Halliday to prove it. The burden of proof is on him."
Mr Justice Ryder:
Order: Appeal allowed