Various Claimants v WM Morrison Supermarkets Plc [2018] EWHC 1123 (QB) (16 May 2018)

Various Claimants v WM Morrison Supermarkets Plc [2018] EWHC 1123 (QB) (16 May 2018)

Although the Claimants succeeded overall by establishing vicarious liability, the bulk of the costs and issues related to direct liability claims on which they failed. The appropriate order is for the Defendant to pay 40% of the Claimants' costs, reflecting the limited overlap and the proportion of costs attributable to the successful vicarious liability claim.

Citation
[2018] EWHC 1123 (QB)
Parties
Claimants: Various Claimants; Defendant: Wm Morrison Supermarkets PLC
Jurisdiction
England and Wales
Judgment Date
16 May 2018
Procedural Posture
Group Litigation / Post Trial Costs Determination
Outcome
Defendant to pay 40% of Claimants' costs of the action, to be assessed if not agreed.
Legal Topics
Vicarious Liability, Direct Liability, Misuse of Private Information, Breach of Confidence, Costs Orders
Data Protection Tort Law Equity Civil Procedure Vicarious Liability Direct Liability Misuse of Private Information Breach of Confidence +1 more

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Parties

Various Claimants

Claimants

Wm Morrison Supermarkets PLC

Defendant

Procedural Posture

Group Litigation / Post Trial Costs Determination

Legal Issues

  1. 1 Whether the Defendant is directly liable for the data disclosure under the Data Protection Act, misuse of private information, and breach of confidence
  2. 2 Whether the Defendant is vicariously liable for the actions of its employee
  3. 3 What is the appropriate costs order given the split success on direct and vicarious liability

Ratio Decidendi

Although the Claimants succeeded overall by establishing vicarious liability, the bulk of the costs and issues related to direct liability claims on which they failed. The appropriate order is for the Defendant to pay 40% of the Claimants' costs, reflecting the limited overlap and the proportion of costs attributable to the successful vicarious liability claim.

Court Disposition

Defendant to pay 40% of Claimants' costs of the action, to be assessed if not agreed.

Orders

  • Defendant to pay 40% of Claimants' costs of the action.