Lloyd v Google LLC Case Note

In Lloyd v Google LLC [2018] EWHC 2599 (QB), Warby J has refused to allow a representative claim for “damage” for breach of the duty in section 4(4) of the Data Protection Act 1998 to proceed against Google.  The court refused permission to serve the claim on Google in California on the grounds that the claim was purely generic and the pleaded facts failed to disclose that any “damage” had been suffered.  The court also made adverse observations on the attempt to use the representative action under CPR Part 19 as a form of US-style class action.  Zoe O’Sullivan QC considers the decision and its implications.  You can view the full case note here.