Heavey v St Mungo's: Declan's Opening Statement to the Court tomorrow morning (WITH UPDATE)

County Court at Central London, Royal Courts of Justice

Declan's preliminary hearing against the Greater London Authority-commissioned St Mungo's takes place tomorrow morning at the Central London County Court. This is his Opening Statement to the court:

It is St Mungo's contention that there was no need for this issue to be a matter of litigation as they were willing to address any concerns that I had about my records throughout. This is a misrepresentation of the material facts. St Mungo's only deleted the two action notes in dispute within days of this hearing, notwithstanding a Defence that alleged at para 5.b. that they had "rectified any errors or inaccuracies identified in the Action Notes". This has been the modus operandi throughout these proceedings that has caused great distress and financial hardship, not only because of the false, fabricated and inaccurate action notes that were created in the first instance, but also for all that St Mungo's has put me through to have these action notes deleted. I therefore request damages for distress and instead of my costs, punitive damages that will prevent a recurrence of these violations of the Data Protection Act. Alternatively, I respectfully request leave to appeal.

This is Declan's reply to St Mungo's Defence:

UPDATE 11 October (1.30pm): Despite St Mungo's insistence that the case should be struck out, a one-day hearing on the sole issue of damages will take place in the new year.