Lloyd v Google LLC

Lloyd v Google LLC

The claim does not disclose a basis for compensation under the Data Protection Act 1998, as loss of control, infringement of rights, or commission of the wrong do not constitute 'damage' within s 13 absent material loss or distress. The class does not have the 'same interest', practical identification of members is impossible, and the claim is disproportionate. Permission to serve proceedings outside the jurisdiction is refused.

Parties
Claimant: Richard Lloyd; Defendant: Google LLC
Jurisdiction
England and Wales
Judgment Date
08 October 2018
Procedural Posture
Representative Action for Damages Under Data Protection Act 1998 / Application for Permission to Serve Proceedings Outside Jurisdiction; Judgment on Permission and Strike Out
Outcome
Permission to serve proceedings outside the jurisdiction refused; claim struck out as representative action.
Legal Topics
Compensation for Breach of Statutory Duty, Representative Actions, Jurisdiction, User Damages, Loss of Control Over Personal Data
Data Protection Civil Procedure Tort Law Compensation for Breach of Statutory Duty Representative Actions Jurisdiction User Damages Loss of Control Over Personal Data

Case Brief

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Parties

Richard Lloyd

Claimant

Google LLC

Defendant

Procedural Posture

Representative Action for Damages Under Data Protection Act 1998 / Application for Permission to Serve Proceedings Outside Jurisdiction; Judgment on Permission and Strike Out

Legal Issues

  1. 1 Whether the claim discloses a basis for compensation under the Data Protection Act 1998
  2. 2 Whether the claim can proceed as a representative action under CPR 19.6
  3. 3 Whether the claim falls within the jurisdictional gateway for tort claims under PD6B 3.1(9)

Ratio Decidendi

The claim does not disclose a basis for compensation under the Data Protection Act 1998, as loss of control, infringement of rights, or commission of the wrong do not constitute 'damage' within s 13 absent material loss or distress. The class does not have the 'same interest', practical identification of members is impossible, and the claim is disproportionate. Permission to serve proceedings outside the jurisdiction is refused.

Court Disposition

Permission to serve proceedings outside the jurisdiction refused; claim struck out as representative action.

Orders

  • Permission to serve proceedings on Google outside the jurisdiction is refused.
  • Claim as a representative action is not permitted to continue.