Smeaton v Equifax Plc

Smeaton v Equifax Plc

Equifax breached its statutory duty under the Data Protection Act 1998 by failing to take reasonable steps to ensure the accuracy and updating of Mr Smeaton’s bankruptcy data, particularly after the bankruptcy order was stayed and rescinded. Equifax also owed and breached a common law duty of care to Mr Smeaton, causing him to be refused credit for Ability Records Ltd in mid-2006 and subsequently.

Parties
Claimant: Keith Smeaton; Defendant: Equifax PLC
Jurisdiction
England and Wales
Judgment Date
11 May 2012
Procedural Posture
Civil / Liability Trial (liability and Causation Only, Damages to Be Determined Later)
Outcome
Liability established against Equifax for breach of statutory and common law duties; causation found; damages to be determined at a later hearing.
Legal Topics
Accuracy of Credit Data, Duty of Care of Credit Reference Agencies, Statutory Duty Under Data Protection Act, Bankruptcy Data Reporting, Compensation for Inaccurate Credit Reporting
Data Protection Negligence Consumer Credit Accuracy of Credit Data Duty of Care of Credit Reference Agencies Statutory Duty Under Data Protection Act Bankruptcy Data Reporting Compensation for Inaccurate Credit Reporting

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Parties

Keith Smeaton

Claimant

Equifax PLC

Defendant

Procedural Posture

Civil / Liability Trial (liability and Causation Only, Damages to Be Determined Later)

Legal Issues

  1. 1 Did Equifax breach its duty under the Data Protection Act 1998 regarding accuracy and updating of bankruptcy data?
  2. 2 Did Equifax owe a common law duty of care to Mr Smeaton?
  3. 3 Did Equifax breach any such duty?

Ratio Decidendi

Equifax breached its statutory duty under the Data Protection Act 1998 by failing to take reasonable steps to ensure the accuracy and updating of Mr Smeaton’s bankruptcy data, particularly after the bankruptcy order was stayed and rescinded. Equifax also owed and breached a common law duty of care to Mr Smeaton, causing him to be refused credit for Ability Records Ltd in mid-2006 and subsequently.

Court Disposition

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

Orders

  • Equifax found liable for breach of statutory duty under Data Protection Act 1998 and common law negligence.
  • Further hearing to determine quantum of damages and compensation.