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Act 1998 by failing to ensure the accuracy of Mr Smeaton's credit file after the bankruptcy order was stayed and later rescinded.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 a duty of care at common law to take reasonable steps to ensure the accuracy of credit data supplied to third parties. The breach of these duties was established. However, the issue of whether this breach caused Mr Smeaton's claimed losses was reserved for a later hearing.

Citation
[2012] EWHC 2322 (QB)
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 (causation and Damages to Be Tried Later If Liability Established)
Outcome
Liability established against Equifax for breach of statutory and common law duties; causation and quantum of damages to be determined at a later hearing.
Legal Topics
Accuracy of Credit Data, Statutory Duties of Credit Reference Agencies, Negligence in Data Handling, Compensation Under Data Protection Act 1998, Effect of Bankruptcy Rescission on Credit Records
Data Protection Tort Law Bankruptcy/insolvency Accuracy of Credit Data Statutory Duties of Credit Reference Agencies Negligence in Data Handling Compensation Under Data Protection Act 1998 Effect of Bankruptcy Rescission on Credit Records

Case Brief

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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 (causation and Damages to Be Tried Later If Liability Established)

Legal Issues

  1. 1 Did Equifax breach its duty under the Data Protection Act 1998 to ensure 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 If a duty of care existed, was it breached?

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Act 1998 by failing to ensure the accuracy of Mr Smeaton's credit file after the bankruptcy order was stayed and later rescinded.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 a duty of care at common law to take reasonable steps to ensure the accuracy of credit data supplied to third parties. The breach of these duties was established. However, the issue of whether this breach caused Mr Smeaton's claimed losses was reserved for a later hearing.

Court Disposition

Liability established against Equifax for breach of statutory and common law duties; causation and quantum of damages to be determined at a later hearing.

Orders

  • Declaration that Equifax breached its statutory duty under the Data Protection Act 1998 and its common law duty of care to Mr Smeaton.
  • Directions for a further hearing to determine causation and damages.