BCS Law specialist group.
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In November 2021, the UK Supreme Court handed down its decision in Lloyd v Google. This long-awaited judgment has created a stir in the legal community and mainstream press alike. The Court’s judgment put an end to campaigner Richard Lloyd’s case against Google.
Lloyd used one of the UK’s class action mechanisms, known as the “representative action”, to sue on behalf of over 4 million Apple iPhone users who resided in England and Wales for several months during which Google used a browser cookie known as the “Safari workaround” to collect information about users’ internet activity without their consent. Lloyd sought damages for “loss of control” of data said to have resulted from Google’s conduct, which was arguably in breach of data protection law.
The damages were allegedly in the region of £3 billion across the class of claimants.
In this session, the speakers will explain what the Supreme Court decided in Lloyd v Google and why. They will then consider its ramifications for organisations both in terms of data protection risk and class action exposure.
In doing so, the speakers will give an overview of the development of class action mechanisms in the UK and share their views on why US and Australian-style class actions are set to become part of the UK’s legal landscape.
In Lloyd v Google, CMS acted for two of the Interveners in the Supreme Court appeal.
About the speakers
Kenny Henderson is a Partner at CMS Cameron McKenna Nabarro Olswang LLP. He is an experienced litigator who represents sophisticated and blue chip clients in high stakes disputes, frequently with a multi-jurisdictional element. He has particular expertise in regulated sectors, including technology and pharmaceutical claims. Kenny is active in the developing area of class and group actions in Europe, counselling clients both in defending claims and on strategies for reducing overall exposure to opt-out and opt-in collective proceedings. He has acted on many of the highest profile opt-out competition law class actions issued in Europe to date, and has led matters both on the claimant and the defendant side.
Leah Gardner is an Associate at CMS Cameron McKenna Nabarro Olswang LLP. She advises on complex commercial litigation, including group litigation orders, and judicial review. She has acted for clients in diverse sectors, including technology, media, consumer/manufacturing and energy. She has particular experience in IT contracts, outsourcing, digital transformation and software licensing disputes, civil fraud matters and procurement challenges, and has worked on class actions in Australia.
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This event is brought to you by: BCS Law specialist group