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Tag: David Barker

Case Law: Warren v DSG Retail, Data breach “privacy” claim struck out, giving some much needed clarity on ATE premiums – David Barker and Caroline Henzell.

On 30 July 2021, Saini J handed down judgment on the Defendant’s strike-out application in Warren v DSG Retail Limited [2021] EWHC 2168 (QB). His decision addresses the viability (or, more properly, the lack thereof) of breach of confidence (BoC) and misuse of private information (MPI) claims against data controllers who have suffered cyber attacks and, in so doing, provides much needed clarity on the recoverability of ATE adverse costs insurance premiums in such claims. Continue reading

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