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Data Breach Compensation No Win No Fee Claims

no win no fee data breach compensation

Eleanor Watts

Eleanor Watts is a skilled solicitor who specialises in handling data breach cases and leads the dedicated team at the Data Breach department. Her journey began at the University of Nottingham, where she earned her law degree, and later pursued her masters in law from the University of Law. Becoming a qualified solicitor in 2021 after completing her training, Eleanor's focus turned to data protection and privacy claims, a field she's excelled in since the implementation of GDPR in 2018.

If a company or organisation is storing your personal data and fails to keep it secure, which has ultimately resulted in a breach, you have the right to make a claim for compensation. However, for many people, the potential legal fees involved with making a data breach claim can sometimes be enough to put them off when it comes to pursuing compensation.

This is why more and more solicitors and claims handlers are offering their legal services to help clients seek data breach compensation on a no win no fee claims basis. ‘No win no fee’ is a phrase that is used often but what exactly does it mean and are there any hidden costs you should be aware of? Read on to find out.

What is a no win no fee agreement for a data breach compensation claim?

No win no fee is an arrangement between you and your legal representative, and is offered in circumstances where it is believed you have a good chance of successful claim. No win no fee is also often referred to as a Conditional Fee Agreement, meaning that if your claim is not successful, you won’t be required to pay any money for the work that has been carried out by your solicitor. You do not have to pay any upfront costs at all.

However, you still have certain obligations under a no win no fee claim agreement. These are:

  • You must be honest and not mislead your solicitor in any way
  • You must not fail to cooperate with your solicitor
  •  If you decide to cancel your claim, you will be responsible for all costs and disbursements accumulated by your solicitor
  • You are required to act in accordance with the agreement and advice given by your solicitor

What can I be compensated for with no win no fee data breach claim?

Data breach compensation claims could see you receive recompense for both material and non-material damages when any details of your life, health or finances have been compromised by a data breach. The information could have been held by public or private bodies and organisations against whom action could be taken for damages for a data breach.

Material damages could be financial losses resulting from having account details stolen in a breach.

Non-material damages could relate to alarm or distress caused by a breach, such as a leak of sensitive medical information due to a data breach.

A no win no fee claim would cover both aspects and see you seeking compensation without any financial risk to you. How much compensation you could receive if your claim is successful will depend on a number of factors including the scale of any losses or level of financial risk, and the amount of distress caused by the data breach.

Usually you have six years from the date you learned of the breach to bring a claim under the Data Protection Act 2018. If you are bringing a claim under the Human Rights Act, time limits are different, being just 12 months in which to start a claim.

What details could be leaked that might result in a valid claim?

There are many different types of personal data held by organisations, the leaking of which might constitute a data breach for which you could make a no win no fee claim. This includes both basic and more personal information such as:

  • Contact details such as address and email address
  • Employment and educational history
  • Medical records
  • Gender, sexual orientation and political and religious beliefs
  • Any criminal records
  • Bank account, credit card and other financial details

How would I know if I have a data breach worth pursuing with a no win no fee claim?

In many instances, if an organisation has leaked your data, they will have informed you directly about the breach. It is also likely that they will have informed the Information Commissioner’s Office (ICO) about the existence of a data breach incident.

For the claim to be successful it will need to be demonstrated by your no win no fee solicitor that the organisation that has been storing your data has failed to take all reasonable steps to ensure the security and accuracy of that data, and as a result of that negligence, your data was made available to other parties without your consent.

Making a no win no fee data breach claim

Whilst each case is different, the experienced and professional no win no fee solicitors we put you in contact with will typically be able to let you know quickly if you have an eligible data protection breach claim or not. Once it has been confirmed that you want to continue to claim compensation on a no win no fee basis, our partnered solicitors will take away all the stress and hassle for you, handling all the legal work for you.

In the majority of cases, the loser of the claim has to pay the winner’s costs and disbursements (other legal expenses like court fees) when formal court proceedings have been issued. To ensure you are protected from these legal costs, it might be necessary to get insurance that will cover you against this risk. This is called ‘After the Event’ insurance (ATE), our partnered solicitors will be happy to provide you with more information about this and answer any questions you might have.

What if your no win no fee claim is successful?

If you pursue a no win no fee data breach claim for compensation and it is successful, you will normally need to pay a contribution towards your solicitor’s costs. This contribution is known as a ‘success fee’ and is taken from the compensation amount that is awarded to you.

The amount of success fee you will pay to your no win no fee solicitors depends on when your case is settled. Your solicitor will always make sure that you are made completely aware of any possible costs that could occur before starting your claim and this will be outlined in your conditional fee arrangement.

Note, if your claim is unsuccessful, you will not have to pay legal fees at all. The no win no fee arrangement literally ensures that you will face no legal costs if your compensation claim fails.

Contact us today to find out more about how our trusted partner solicitors can help you with your no win no fee data breach compensation claim and secure you the maximum compensation you deserve.

Eleanor Watts

Eleanor Watts is a skilled solicitor who specialises in handling data breach cases and leads the dedicated team at the Data Breach department. Her journey began at the University of Nottingham, where she earned her law degree, and later pursued her masters in law from the University of Law. Becoming a qualified solicitor in 2021 after completing her training, Eleanor's focus turned to data protection and privacy claims, a field she's excelled in since the implementation of GDPR in 2018.

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