Lloyd vs Google

21 November 2021

Google last month won a landmark appeal in the UK’s Supreme Court, blocking a representative action brought by Richard Lloyd on behalf of over four million iPhone users over Google’s alleged tracking of personal data.

Lord Leggatt ruled that while there was no reason to suggest that Mr Lloyd could not make use of the CPR 19.6 “same interest” procedure for a representative action against Google on behalf of 4 million iPhone users, he was required to demonstrate that those individuals suffered damage, and was unable to claim for any nominal or tariff-based damages under section 13 DPA 1998 on their behalf.

Now that the dust has settled, it is worth highlighting some points from which legal practitioners considering potential claims in relation to data breaches might still take encouragement – despite Google’s victory.

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