Data protection claims update

Keller Postman fails to obtain a Group Litigation Order

Following a recent court hearing, we want to provide an update on the progress of the proposed data protection claims being pursued by the law firm Keller Postman on behalf of approximately 13,000 members and former members of PFEW.

We previously provided information here as to the background to the proposed litigation.

The matter has now come in front of the High Court for the first time following an attempt by Keller Postman to obtain a "Group Litigation Order" ("GLO"), an order that would have enabled Keller Postman to bring a form of class action against PFEW.

Keller Postman made its application to the Court in October 2022 despite PFEW's objection to this procedure. PFEW were extremely concerned that this kind of litigation procedure would have led to huge legal and administrative costs being incurred by both parties in order to manage claims on behalf of thousands of claimants at the same time. PFEW considered that this may have benefitted Keller Postman but not the members and former members who have brought the legal claims and certainly not the PFEW's membership as a whole, not least because of the uncertainty as to the viability of the claims.

PFEW proposed an alternative, simpler procedure where a small number of "lead cases" proceed in the High Court to test their viability. If any of the lead claims are found to be viable, any judgments obtained can then be used as guidance in other cases,

The High Court considered the matter in London on 13 March 2023 and agreed with PFEW. incurred in defending the application, with £50,000 ordered to be paid by 14 April 2023. The PFEW is unaware as to the extent to which this liability is covered by insurance and/or third party funding.

In ordering the Claimants to pay PFEW's costs, the Court found that the Claimants' lawyers should have acknowledged at an earlier stage that a GLO was not the most proportionate way to manage the proposed proceedings, and should have engaged earlier with PFEW's alternative proposals.

A copy of the Order dismissing the GLO application and ordering the Claimants to pay PFEW's costs can be found here. It also details the next procedural steps in the proposed litigation, the key dates of which are as follows:

16 June 2023	Claimants shall provide PFEW with their draft Generic Particulars of Claim (i.e. the formal document setting out the Claimants' generic case containing the facts applicable to all of ).
14 July 2023	Parties shall agree on the lead claimants (i.e. the "test cases" that shall proceed to trial).
10 November 2023	Claimants to file and serve their Generic Particulars of Claim and individual Particulars of Claim (i.e. the formal documents setting out each lead claimant's individual case on damage supported by a statement of truth).
Two months after service of Particulars of Claim	PFEW to file and serve its Defences to the Generic Particulars of Claim and individual Particulars of Claim.
28 days after service of Defences	Claimants to file and serve their Generic Reply and/or individual Replies to the Defences.
4-5 March 2024	The Parties are to attend a Costs and Case Management Conference at the High Court to resolve any further issues between them and for the Court to give further directions in the management of the test cases to trial.