Where Data Class Actions Stand Post-Lloyd

By Louisa Chambers, Helen Reddish and Isabel Cridland (May 13, 2022, 6:31 PM BST) -- While the U.K. Supreme Court's decision in Lloyd v. Google in 2021[1] was a win for data controllers and a significant setback for claimant law firms and litigation funders, it did not close the door on class actions for data breaches. This article looks at Lloyd's impact on opt-out representative actions. It also considers whether Lloyd can be distinguished and whether antitrust collective proceedings could be used instead to bring opt-out privacy claims.

Challenges for Representative Actions Post Lloyd

Representative actions are based on Civil Procedure Rule, or CPR, 19.6, which allows a party to represent all others who have the...

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