Brexit campaign company Leave.EU has lost its appeal against a ruling that it breached data protection laws after failing to turn up to court
Leave.EU left Sir Geoffrey Vos, Master of the Rolls, Lord Justice Lewison, Lady Justice Asplin and respondent, the Information Commissioner and counsel waiting in vain in court 71 at the Royal Courts of Justice last week.
Sir Geoffrey noted that substantive grounds and a skeleton argument had been filed by Leave.EU’s solicitors Kingsley Napley, who had, on its application, come off the record as acting for the company on 26 January. On 31 January, the court attempted to contact Jacobus Coetzee, who is registered at Companies House as sole director, but with no response. Consequently, the usher called Leave.EU outside court at the start of the hearing on 1 February with no response, and the court adjourned at 11am for nearly half an hour.
The court sat again this week to decide what it should do when a corporate appellant fails to appear.
Counsel for the Information Commissioner Christopher Knight submitted the court should either dismiss the appeal or proceed on the basis of the skeleton argument and with only Knight’s oral arguments.
Dismissing the appeal, Leave.EU v Information Commissioner [2022] EWCA Civ 109, Sir Geoffrey, Lewison LJ and Asplin LJ decided it would not be ‘just or appropriate to hear the substantive appeal in the absence of Leave.EU’. Sir Geoffrey said both sides should be heard ‘when important legal issues are in play which may affect many others in society’, as well as noting the time of the court ‘is at a premium’ and ‘there must be finality in litigation’.
Leave.EU was appealing a ruling that it breached data protection legislation when it sent 21 email newsletters to 51,000 supporters of Leave.EU containing unsolicited marketing material for Eldon Insurance Services (a business then owned by Leave.EU owner Aaron Banks).
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