Smeaton v Equifax Plc [2012] EWHC 2322 (QB) (11 May 2012)

Smeaton v Equifax Plc [2012] EWHC 2322 (QB) (11 May 2012)

Equifax breached its statutory duty under the Data Protection Act 1998 by failing to ensure the accuracy of Mr Smeaton's credit file after the bankruptcy order was stayed and later rescinded. Equifax also owed and breached a common law duty of care to Mr Smeaton. The breach caused Mr Smeaton to be unable to obtain funding from Nat West in 2006. The precise quantum of loss is to be determined at a later hearing.

Citation
[2012] EWHC 2322
Parties
Claimant: Keith Smeaton; Defendant: Equifax PLC
Jurisdiction
England and Wales
Judgment Date
11 May 2012
Procedural Posture
Civil Claim (damages for Breach of Statutory Duty and Negligence) / Liability Trial (issues of Breach and Causation Only; Quantum Reserved)
Outcome
Claimant succeeds on liability and causation; quantum reserved for further hearing.
Legal Topics
Accuracy of Credit Data, Breach of Statutory Duty Under Data Protection Act 1998, Negligence by Credit Reference Agencies, Causation of Loss From Inaccurate Credit Reporting, Bankruptcy Order Rescission and Its Effect on Credit Records
Data Protection Tort Law Bankruptcy/insolvency Accuracy of Credit Data Breach of Statutory Duty Under Data Protection Act 1998 Negligence by Credit Reference Agencies Causation of Loss From Inaccurate Credit Reporting Bankruptcy Order Rescission and Its Effect on Credit Records

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Parties

Keith Smeaton

Claimant

Equifax PLC

Defendant

Procedural Posture

Civil Claim (damages for Breach of Statutory Duty and Negligence) / Liability Trial (issues of Breach and Causation Only; Quantum Reserved)

Legal Issues

  1. 1 Did Equifax breach its statutory duty under the Data Protection Act 1998 by failing to ensure the accuracy of Mr Smeaton's credit data?
  2. 2 Did Equifax owe Mr Smeaton a duty of care at common law, and if so, what was its content?
  3. 3 Was there a breach of any such duty?

Ratio Decidendi

Equifax breached its statutory duty under the Data Protection Act 1998 by failing to ensure the accuracy of Mr Smeaton's credit file after the bankruptcy order was stayed and later rescinded. Equifax also owed and breached a common law duty of care to Mr Smeaton. The breach caused Mr Smeaton to be unable to obtain funding from Nat West in 2006. The precise quantum of loss is to be determined at a later hearing.

Court Disposition

Claimant succeeds on liability and causation; quantum reserved for further hearing.

Orders

  • Declaration that Equifax breached statutory and common law duties to Mr Smeaton.
  • Directions for further hearing to assess damages.