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...

Emma Clarke Secures Discontinuance in Criminal Proceedings Against Four Police Officers

24th January, 2025
The case involved submissions as to the correct interpretation of s.87 Road Traffic Regulation Act 1984.

Norman Lamb successful in a rare High Court application to compel a will draftsperson's attendance for cross-examination and recover costs - Addison & Anor -v- Niaz [2024] EWHC 3124 (Fam)

21st January, 2025
In Addison & Anor -v- Niaz [2024] EWHC 3124 (Fam), the High Court made a costs order against a solicitor who was the subject of a summons to attend court for cross-examination under s.122 Senior Courts Act 1981.

The Government of Guernsey has appointed Amy Rollings as a Chair of the Employment and Discrimination Tribunal

16th January, 2025
The appointment is for 3 years, from 1 January 2025.