LexisLibrary and LexisPSL
Sign up for a free trial today and get full access for a weekTrial
S sought damages under the Data Protection Act 1998 for breach of the data protection principles and/or negligence at common law, on the basis that between 12 March 2001 and 17 July 2006, Equifax included in his credit file that he was subject to a bankruptcy order made by Aylesbury County Court on 1 March 2001 which was inaccurate in two respects: (1) in the period between 12 March 2001 and 22 May 2002, the bankruptcy order was subject to a stay pending appeal; and (2) between 22 May 2002 and 17 July 2006 it was inaccurate because the bankruptcy order had been rescinded on 22 May 2002. S alleged loss and damage derived from two applications he made for finance for his company which were refused. The judge directed the hearing of the following issues: (1) did Equifax breach any duty to S under the Data Protection Act 1998; (2) did Equifax owe S a duty of care at common law and if so what was its content; and (3) if there was a breach did it cause S to be unable to obtain funding on behalf of Ability in mid-2006 or subsequently. HHJ Thornton QC (sitting as a judge of the High Court) determined the issues in favour of S. Equifax, by deciding to operate as a credit reference agency and provide credit checks and references to its customers, had assumed a responsibility to consumers whose personal data it held to act with reasonable skill and care which common law duty was co-extensive with its statutory duty, and on the facts had failed to exercise reasonable skill and care, causing loss to S.
"BPIR is an excellent series, of interest to both corporate and personal insolvency lawyers,...