Lloyd (Respondent) v Google LLC (Appellant)
Case ID: UKSC 2019/0213
Whether the respondent should have been refused permission to serve his representative claim against the appellant out of the jurisdiction (i) because members of the class had not suffered ‘damage’ within the meaning of section 13 of the Data Protection Act 1998 (‘DPA’); and/or (ii) the respondent was not entitled to bring a representative claim because other members of the class did not have the ‘same interest’ in the claim and were not identifiable; and/or (iii) because the court should exercise its discretion to direct that the respondent should not act as a representative.
The respondent has issued a claim alleging that the appellant (‘Google’) has breached its duties as a data controller under the DPA to over 4m Apple iPhone users during a period of some months in 2011- 2012, when Google was able to collect and use their browser generated information. The respondent sued on his own behalf and on behalf of a class of other residents in England and Wales whose data was collected in this way. He applied for permission to serve the claim out of the jurisdiction. Google opposed the application on the grounds that (i) the pleaded facts did not disclose any basis for claiming compensation under the DPA and (ii) the court should not in any event permit the claim to continue as a representative action.
Lord Reed, Lady Arden, Lord Sales, Lord Leggatt, Lord Burrows
Hearing start date
28 Apr 2021
Hearing finish date
29 Apr 2021
|28 Apr 2021||Morning session||Afternoon Session|
|29 Apr 2021||Morning session||Afternoon Session|
10 November 2021
 UKSC 50
|Watch Judgment summary|
|10 Nov 2021||Judgment summary|