Claimants, on behalf of millions of Apple users, challenged the collection by the defendant of details of their internet activity. The claimant did not have instructions from other users, and Google objected that there was no evidence of distress in any claimant.
Held: The appeal succeeded. The judge ought to have held: (a) that a claimant can recover damages for loss of control of their data under section 13 of DPA, without proving pecuniary loss or distress, and (b) that the members of the class that Mr Lloyd seeks to represent did have the same interest under CPR Part 19.6(1) and were identifiable.
Judges:
Dame Victoria Sharp P QBD, Sir Geoffrey Vos Chancellor, David LJ
Citations:
[2019] EWCA Civ 1599
Links:
Jurisdiction:
England and Wales
Information, Litigation Practice, Damages
Updated: 11 August 2022; Ref: scu.641797