GRAEME SMITH & OTHERS v TALKTALK TELECOM GROUP PLC

GRAEME SMITH & OTHERS v TALKTALK TELECOM GROUP PLC

The claim for misuse of private information is not legally viable as pleaded or as reformulated, because the defendant's conduct does not constitute a misuse of information within the tort; the misuse was by third parties. The 'unconfirmed breaches' data protection claim, though poorly pleaded, is sufficiently particularised to proceed, subject to amendment.

Parties
Claimants: Graeme Smith & Others; Defendant: TalkTalk Telecom Group PLC
Jurisdiction
England and Wales
Judgment Date
27 May 2022
Procedural Posture
Civil / Ruling on Applications to Strike Out, Amend Pleadings, and for Further Information
Outcome
MPI claim struck out; permission to amend refused; 'unconfirmed breaches' strike out application dismissed; direction to amend pleading for data protection claim; RFI application remains pending.
Legal Topics
Misuse of Private Information, Data Breach, Statutory Duty, Pleading Standards, Summary Judgment, Strike Out Applications
Data Protection Tort Law Media Law Misuse of Private Information Data Breach Statutory Duty Pleading Standards Summary Judgment +1 more

Case Brief

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Parties

Graeme Smith & Others

Claimants

TalkTalk Telecom Group PLC

Defendant

Procedural Posture

Civil / Ruling on Applications to Strike Out, Amend Pleadings, and for Further Information

Legal Issues

  1. 1 Whether the claim for misuse of private information (MPI) is legally viable against the defendant for alleged data breaches
  2. 2 Whether the claimants should be permitted to amend their pleadings to reformulate the MPI claim
  3. 3 Whether the 'unconfirmed breaches' data protection claim is sufficiently pleaded to proceed

Ratio Decidendi

The claim for misuse of private information is not legally viable as pleaded or as reformulated, because the defendant's conduct does not constitute a misuse of information within the tort; the misuse was by third parties. The 'unconfirmed breaches' data protection claim, though poorly pleaded, is sufficiently particularised to proceed, subject to amendment.

Court Disposition

MPI claim struck out; permission to amend refused; 'unconfirmed breaches' strike out application dismissed; direction to amend pleading for data protection claim; RFI application remains pending.

Orders

  • MPI claim in the APOC struck out.
  • Permission to amend MPI claim refused.