197 grounds must be rejected and that FBI has not established any basis for impugning the DPC’s decision or the PDD or the procedures for the inquiry adopted by the DPC. (3)
I have considered and rejected FBI’s allegation that the DPC was in breach of its duty of candour in the manner in which it defended these proceedings. I have, however, concluded that the DPC ought to have answered a number of the questions raised on behalf of FBI in correspondence sent on 29th October, 2020 which was responded to on behalf of the DPC on 5th November, 2020.
(4)
I have considered the allegation of abuse of process and improper purpose made by the DPC but withdrawn in the course of the hearing. I have concluded that there is and was no basis for the allegation, that it ought not to have been made and that, having been made, it ought to have been withdrawn much sooner than it was.
(5)
For the reasons set out in this judgment, I refuse all of the reliefs sought by FBI and dismiss the claims made by it in the proceedings.
431.
I will list the proceedings for mention shortly after I have circulated this judgment to
the parties. I will then hear from counsel on any issues arising from the judgment and on the final orders to be made, including costs. If necessary, I will give further directions for any further hearings which may be necessary to deal with those issues. 432.
Finally, I would like to record my thanks and appreciation to the counsel and
solicitors acting for FBI, the DPC and Mr. Schrems for their cooperation in ensuring an expeditious hearing of the proceedings and for their clear, concise and extremely helpful submissions on the numerous difficult legal issues which were required to be determined in the proceedings.
