DIFC Courts

CFI 051/2018 The Dubai Financial Services Authority v (1) The Commissioner of Data Protection (2) Anna Waterhouse

August 05, 2019 court of first instance - Orders

Claim No: CFI-051-2018 and CFI-085-2018

 

IN THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS

 

 

IN THE COURT OF FIRST INSTANCE

IN THE MATTER OF AN APPPEAL UNDER ARTICLE 37(1) OF DIFC LAW NO.1 OF 2007 (THE DATA PROTECTION LAW) AND IN THE MATTER OF A CLAIM FOR JUDICIAL REVIEW

BETWEEN:

THE DUBAI FINANCIAL SERVICES AUTHORITY

                                                                                                     Claimant

and

(1) THE COMMISSIONER OF DATA PROTECTION

(2) ANNA WATERHOUSE

                                                                                                        Defendants

ORDER WITH REASONS OF JUSTICE SIR RICHARD FIELD

UPON considering the Defendant’s applications for immediate judgment in CFI-051-2018 and CFI-085-2018 both dated 5 February 2019

AND UPON considering the Claimant’s and the Defendant’s pleadings in both proceedings

AND UPON considering the First Witness Statements in each proceeding of Lori Baker dated 4 February 2019 and the Second Witness Statements in each proceeding of James Lake

AND UPON considering all relevant material in the case files, including the written submissions of the parties

IT IS HEREBY ORDERED THAT:

  1. Time for the issuance of the claim for judicial review in CFI-085-2018 shall be extended to 27 December 2018.

  2. The Defendant’s application for immediate judgment in CFI-051-2018 succeeds.

  3. Paragraphs 38 (a) (ii) and (b) (ii) of the Claimant’s Particulars of Claim in CFI-051-2018 are hereby struck out.

  4. The Defendant’s application for immediate judgment in CFI-085-2018 is dismissed.

  5. The Claimant’s appeal in CFI-051-2018 and claim for judicial review in CFI-085-2018 should be heard together on the first feasible date available with an estimate of one and a half days.

Issued by:

Nour Hineidi

Deputy Registrar

Date of issue: 5 August 2019

Time: 12pm