English Courts’ Stance on Low-Value Data Breach Claims Continues to Harden, But There May be Hiccups Along the Way

Over the last couple of years, the England & Wales High Court has been skeptical of low-value compensation claims for minor data breaches, as illustrated by the court: 1) criticizing the “kitchen sink” approach adopted by claimants who bring overly complex claims with multiple causes of action, 2) transferring straightforward, low-value data breach claims to the County Court, and 3) condemning data breach claims for damages when there is little to no harm.