News: Supreme Court grants permission to appeal in the Morrisons mass data breach case
On 15 April 2019, the UK Supreme Court granted permission to appeal in the data protection group action case of Various Claimants v W M Morrison Supermarkets. The Court of Appeal ([2018] EWCA Civ 2339) had upheld the Judge’s ruling that Morrisons was vicariously liable for its employee’s data breach. Permission was granted on all grounds of appeal and the Supreme Court will principally consider:whether the common law doctrine of vicarious liability is excluded in cases that engage the data protection legislation (i.e. where the primary tortfeasor’s actions amounted to a breach by the tortfeasor of his or her own obligations under the data protection legislation);whether the doctrine is excluded in respect of claims brought by reference to the data protection legislation, whether it is equally excluded in respect of any related common law or equitable causes of action; andif the doctrine is not excluded, whether the Court of Appeal in any event erred when it decided to uphold the con…
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