Civil appeals to the Court of Appeal

Civil appeals to the County Court, High Court and Court of Appeal are generally governed by Part 52 of the CPR. General guidance on civil appeals can be found in Civil appeals: general and preliminary considerations—overview.

In addition to the provisions set out in CPR 52 and CPR PD 52A, practitioners appealing in the Court of Appeal also need to comply with the additional provisions set out in CPR PD 52C.

For guidance on appeals to the UK Supreme Court, see: Appeals to the Supreme Court—overview, which links through to further guidance on such appeals.

For detail of the structure and hierarchy of civil courts in England and Wales, see: Courts and Tribunals Judiciary—Structure of Courts and Tribunals System.

Brexit—power of Court of Appeal to depart from retained EU case law

Prior to IP completion day (ie 31 December 2020, at 11 pm), the Court of Appeal was bound by decisions of the Court of Justice as they had effect in EU law immediately prior to that date and time. Following a consultation by the Ministry of Justice, the power

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Withholding DSAR documents from inspection during data protection proceedings by relying on a Data Protection Act 2018 exemption (Cole v Marlborough College)

Information Law analysis: This claim relates to the scope of production and the application of the exemptions to production of personal data in responding fully to a subject access request. The Claimant, Thomas Cole (Cole), who was a student at the Defendant school, Marlborough College (the College), submitted a data subject access request (DSAR) under Article 15 of the United Kingdom General Data Protection Regulation, Assimilated Regulation (EU) 2016/679 (the UK GDPR) after he was removed from the school following his involvement in a physical altercation with another student. In this half-day case management hearing, Mr Justice Nicklin assessed whether the College was entitled to withhold, in whole or part, documents containing Cole’s personal data, rather than providing the material for inspection ahead of a two-day trial on the data protection claim expected to start in mid-2025. The court held that the College was entitled to withhold some documents (containing Cole’s personal data) on the grounds of the exemption in paragraph 16 of Schedule 2, Part 3 to the Data Protection Act 2018 (DPA 2018). In short, this exemption provides that a controller is not obliged to disclose information to a data subject where doing so involves disclosing information that relates to another individual who can be identified from that information, whether as the source of information or as the subject of such information. Written by Robyn Bond, associate at Ropes & Gray International LLP.

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