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Claim of objective bias on the part of trial judge is unsubstantiated

By: Colm Scott Byrne BL

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Court of Appeal dismisses appeal and upholds decision of the High Court to strike out certain paragraphs of a defence and counterclaim, as well as the refusal of the defendant's application to join two separate parties to the proceedings, on the grounds that: (a) the application to set aside the orders of the trial judge on the stated ground of objective bias is not one made on any ground which has been substantiated or which could reasonably be advanced; (b) the trial judge was correct in finding that no cause of action was being asserted against the bank in these proceedings; and (c) the appellant failed to make any case that would warrant the joinder of the Data Protection Commissioner to the proceedings.

Baker J (nem diss): Practice and procedure - injunctions - the Bank, who the appellant/defendant sought to join as a 3rd party, obtained judgment against the appellant in 2016 - appellant made a data access request against the respondent/plaintiff in September 2015 - this resulted in the respondent providing the appellant with a CD containing certain information and data pertaining to her, but also confidential and personal data relating to third unconnected parties, and confidential proprietary information belonging to the respondent - the appellant refused to return the confidential information - respondent instituted proceedings in which injunctive relief was sought requiring her to deliver up all data comprising the confidential information and restraining her from disseminating, communicating, or otherwise making use of that data - obtained interim injunctive relief - appellant delivered a defence and counterclaim - the appellant sought to join the Bank and sought to join the Data Protection Commissioner - whether there was objective bias - whether a cause of action was asserted which gave rise to the requirement to join the Bank and the Data Protection Commissioner - whether the Data Protection Commissioner should be joined as an amicus curiae - appeal dismissed.

Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.

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