15th November, 2019

Brian McCluggage wins illegal insurance data buying and selling case

This landmark case involved Aviva suing a 'data trader' who had corrupted a manager within one of Aviva's claim team, paying her for valuable fresh confidential customer data. The claim was brought in the Manchester Business & Property Courts seeking an account of profits for breach of confidence and also damages for procuring breach of contract and for unlawful conspiracy.

The case exposed the shady world of data trading where customer data is in effect 'laundered' through a series of traders so that end users can claim that that they assume the sales target (whether for car hire or a personal injury claim) has given consent.

Whilst in the instant case a decision was taken not to sue the insurer’s employee, the decision is a green light for insurers to sue both employees and data traders who sell on or handle data with knowledge it has been unlawfully procured. The data trader will be liable for over £200,000 damages and costs and was fortunate to escape liability for a further £200,000+ on the basis of a technical and contestable point of the law of damages.

To read the judgment click here.

To read more about Brian McCluggage click here.



Latest News...

Christopher Kennedy KC appointed as a Deputy High Court Judge

26th February, 2024
Chambers are delighted to announce our Head of Chambers Christopher Kennedy KC has been appointed as a Deputy High Court Judge by the Lady Chief Justice of England and Wales.

Costs in the Employment Tribunal... a warning...

21st February, 2024
It's rare for the Tribunal to make a costs order against a Claimant and even rarer when that Claimant is unrepresented. However, if your claim is wholly without merit and you treat the Tribunal, the witnesses and the lawyers with contempt, then the Tribunal can and will exercise its powers to make an order for costs under rules 75 and 76 of the 2013 Regulations.

Louise Quigley successfully defends NHS Trust in Menopause discrimination claim

12th February, 2024
Louise successfully represented a NHS Trust in defeating a complex menopause sex and disability discrimination claim.