Lloyd v Google LLC [2018] EWHC 2599 (QB) (08 October 2018)

Lloyd v Google LLC [2018] EWHC 2599 (QB) (08 October 2018)

The claim discloses no basis for seeking compensation under the DPA because the pleaded facts do not allege any material damage or distress, and the asserted heads of loss (infringement of rights, commission of the wrong, loss of control) do not constitute 'damage' within the meaning of DPA s 13. Compensation is not available for the mere fact of contravention without proof of consequential harm. User damages are not available for breach of the DPA. Accordingly, the claim has no reasonable prospect of success and permission to serve out is refused.

Citation
[2018] EWHC 2599
Parties
Claimant: Richard Lloyd; Defendant: Google LLC
Jurisdiction
England and Wales
Judgment Date
08 October 2018
Procedural Posture
Application for Permission to Serve Out of Jurisdiction (representative Action) / High Court Judgment on Application for Permission to Serve Out and Strike Out/summary Judgment
Outcome
Application refused; claim struck out/permission to serve out refused
Legal Topics
Representative Actions, Damages Under Data Protection Act 1998, Jurisdiction (service Out of Jurisdiction), Interpretation of 'damage' Under DPA S 13, User Damages, Misuse of Private Information
Data Protection Tort Civil Procedure Representative Actions Damages Under Data Protection Act 1998 Jurisdiction (service Out of Jurisdiction) Interpretation of 'damage' Under DPA S 13 User Damages +1 more

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Parties

Richard Lloyd

Claimant

Google LLC

Defendant

Procedural Posture

Application for Permission to Serve Out of Jurisdiction (representative Action) / High Court Judgment on Application for Permission to Serve Out and Strike Out/summary Judgment

Legal Issues

  1. 1 Whether the claim discloses a basis for compensation under the Data Protection Act 1998 (DPA) for loss of control of data without proof of material damage or distress
  2. 2 Whether the claim can proceed as a representative action under CPR 19.6
  3. 3 Whether permission should be granted to serve proceedings on Google LLC out of the jurisdiction

Ratio Decidendi

The claim discloses no basis for seeking compensation under the DPA because the pleaded facts do not allege any material damage or distress, and the asserted heads of loss (infringement of rights, commission of the wrong, loss of control) do not constitute 'damage' within the meaning of DPA s 13. Compensation is not available for the mere fact of contravention without proof of consequential harm. User damages are not available for breach of the DPA. Accordingly, the claim has no reasonable prospect of success and permission to serve out is refused.

Court Disposition

Application refused; claim struck out/permission to serve out refused

Orders

  • Permission to serve proceedings on Google LLC out of the jurisdiction is refused.
  • The claim is struck out for disclosing no reasonable grounds for bringing the claim.