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UK court rejects Capita's bid to dismiss mass data breach claims

Victims of Capita's cyberattack win a key legal battle. Now, the company must face thousands of claims for emotional harm in court.

The image shows a graph depicting the number of new cases per million in the United States. The...
The image shows a graph depicting the number of new cases per million in the United States. The graph is accompanied by text that provides further information about the data.

UK court rejects Capita's bid to dismiss mass data breach claims

The High Court in London has rejected an attempt by Capita to strike out nearly 4 Capita admitted the data breach but challenged the number of affected claimants and the extent of the alleged harm. The company argued that the pleadings exaggerated subjective damage and undermined the statements of truth. It also criticised the use of emotive language, such as the word 'tormented', calling it ambiguous and misleading.

The claimants defended their position, stating that the pleadings were drafted by lawyers with the claimants' consent. They sought compensation for non-material harm, primarily emotional distress. Master Dagnall ruled that standardised language in the claims did not automatically make them false or dishonest. He also rejected Capita’s argument that the claims amounted to an abuse of process. Capita had further contended that the pleadings inflated harm and corrupted the integrity of the statements of truth. However, the court found no grounds to strike out the claims, allowing the case to move forward.

The ruling means the 3,973 claimants can continue pursuing compensation for distress caused by the breach. Capita’s attempt to block the claims has failed, leaving the company to address the allegations in court. The decision reinforces that standardised legal language does not invalidate the claims.

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