Author: Matt McConville

GDPR Team

Ian Kyle

Director

Matt McConville

Senior Associate

Lee Wall

Associate

Damien Gill

Senior Associate

Joseph Waters

Solicitor

Letting Agent Data Breach

Background

Mr. Damien Gill, Senior Associate at Irvings Law, recently dealt with a data breach claim following an incident that occurred on 29th July 2019. Initially, the client, Mrs. B Beech and her husband made a subject access request to the Defendant (LL Estates Limited) but this request was not responded to. This resulted in a complaint to the ICO, which was upheld.

Our client then posted a review of the Defendant on their public Facebook page and an employee then responded and referred to personal and sensitive information involving our client and the Defendant. This led to a further complaint, which was again upheld by the ICO. The ICO recommended that the comment in question be removed.

Representation & Resolution

Irvings Law were instructed in relation to this case in February 2020 and a Letter of Claim was subsequently sent to the Defendant in respect of the data breach that had occurred. Following the Letter of Claim being sent, liability was subsequently denied and Court proceedings were then swiftly issued and served upon the Defendant.

Despite denying liability and maintaining this denial of liability throughout, the Defendant made various low offers to settle this case. These offers were not accepted and our client’s case proceeded on, until an increased offer was made by the Solicitors on behalf of LL Estates, in the sum of £3000, plus payment of the Claimant’s legal costs. This offer was then accepted.

As a result, this case was settled following Court proceedings being issued. We are pleased to say that Mrs. Beech was very happy with the outcome in relation to her case.

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