Kevin Kilgour and Dee Swarna write for Law360 on Prismall v Google & DeepMind
4 April 2025
In a new article for Law360, partner Kevin Kilgour and associate Deekshitha Swarna analyse the Court of Appeal’s decision in Prismall v Google & DeepMind – a recent ruling that reinforces the difficulty of bringing opt-out representative actions seeking damages for loss of control of data in data privacy cases.
Following the Supreme Court’s decision in Lloyd v Google, Prismall highlights the difficulty of satisfying the “same interest” test under CPR 19.8 where individual circumstances need to be considered to establish whether there is a reasonable expectation of privacy.
The article explores the implications for future data privacy-related collective actions, including the limited viability of representative claims and the continued role of group litigation orders in such claims.
