Frequently Asked Questions

  • Why Clear law – you aren’t data breach specialists?

    We have been instructed by the administrators to provide support to Claimants who have data breach claims during a transitionary period. This is because a recent case law decision may well make these types of claims unviable and so for now (except those cases which are the subject of legal proceedings) the claims have been put on hold.

  • What has happened to put them on hold?

    On 27 July 2021, Mr Justice Saini, heard the case of Warren v DSG Retail Limited https://www.bailii.org/ew/cases/EWHC/QB/2021/2168.html

    The claim arose out of a serious cyber attack suffered by DSG (who operate the Currys PC World and Dixons brands) and the Claimant sought £5,000 in damages. There were several “causes of action” a legal term which means the legal arguments upon which the claim was founded, and the Defendant sought to strike out all of these apart from the claim relating to the Data Protection Act.

    This was because, the Defendant argued, that the legal arguments were wrong and they ought not to have been pursued.

    In that case, Mr Justice Saini agreed with the Defendant and as such this decision is binding on all other data breach claims.

    This means that the data protection act claim can still proceed but there is a significant consequence to Claimants as a result.

    The consequence of that decision means that the policy of after the event insurance will not be payable by the Defendant in these type of cases.

    This policy had been taken out to protect Mr Warren against his claim failing and it was expected that it could be recovered from the Defendant as part of Mr Warren’s claim for costs.

    Because the policy will no longer be recoverable from the Defendant, the premium will need to be paid from the claimant’s damages. This means that the damages could be reduced by 50% or more and it may well make these claims unviable.

  • I took out a loan to fund the claim and I keep receiving statements – what do I do?

    Please do not be concerned. The funder is obligated to send you a statement as set out in the consumer credit agreement you signed. This loan is covered by a policy of after the event insurance which means that in the event the claim fails, the loan will be repaid and you will owe nothing. You don’t need do anything at this stage.

  • The funder has written to me to request repayment of the loan - what do I do?

    Please contact us using our enquiry form and upload a copy of the documentation (insert link for enquiry form and upload function here) and we will review the position with the funders as soon as possible.

  • I need to contact someone urgently about my claim – is there anyone I can speak with?

    Yes, you can use our first response call centre contactable on 0114 698 4600 or by email to help@recoveryfirst.co.uk. Or you can contact us via the enquiry forms located here {Enquiry Link}

  • How do I instruct my own solicitors?

    If you would prefer to instruct your own solicitors please click here