UK: Judge’s handwritten notes given to losing party in legal first

The Ministry of Justice (MoJ) gave the notes, which provide an insight into the Judge Ian Pritchard-Witts’ reasoning, to former car service manager Alfred Percival, 57, and his wife, who had sought them for four years, relying on the Data Protection Act.

The Information Commissioner’s Office (ICO) rejected the MoJ’s argument that judicial notes should be exempt from the subject access requests regime.

In a letter to the Percivals, the ICO said: “There is no doubt that clarifying the nature of the relationship between judicial notes and the DPA is important … a decision on the relationship is likely to be far-reaching and extend well beyond the particular circumstances of your own case.”

Alistair Kelman, a former barrister who has been supporting the couple, said: “This is a first. A judge acts in a dual role in a case, not just as the judge but also as the person who is transcribing the proceedings.”

Mr Percival originally made a claim for constructive dismissal against car dealership Marshall Motor Group. He alleged his relationship with his employer turned sour after whistleblowing over health and safety issues.

After his wife was diagnosed with cancer, Mr Percival attempted to negotiate a new role in the firm which would give him more flexible working hours. But Marshall argued he had resigned and the dispute had nothing to do with whistleblowing.

The judge and two lay members unanimously agreed that he had resigned and was not “constructively unfairly dismissed”.

An ICO spokesperson told The Guardian: “The right of access to your own personal data, known as subject access, is a fundamental and powerful provision of the Data Protection Act.”