This morning, the Supreme Court handed down judgment in Lloyd v Google LLC [2021] UKSC 50, undoubtedly one of the most important and eagerly awaited data privacy judgments to date.
Overturning the Court of Appeal, the Supreme Court’s judgment both places very significant limits on the use of representative actions to establish an entitlement to damages, and also holds that ‘loss of control’ damages are not available for a breach of the data protection legislation. A more detailed analysis is available here.
Robin Hopkins and Rupert Paines acted for the Third Interveners, the Association of the British Pharmaceutical Industry and Association of British HealthTech Industries, instructed by Kenny Henderson of CMS Cameron McKenna Nabarro Olswang LLP and led by Lord Anderson of Ipswich KBE KC.
Christopher Knight acted for the Fifth Intervener, the Internet Association, instructed by Linklaters LLP.