September 07, 2021

In this article, Partner Kelly Hagedorn and Associates Sol Gelsomino and Oliver J. Thomson analyze the decision of the UK High Court of Justice decision in a recent data protection case, Warren v. DSG Retail Ltd. The authors examine how the decision may affect the ability of claimants in personal, low-value claims to recover after-the-event insurance premiums, and the consequent impact on the economic viability of such claims: “If claimants cannot recover ATE insurance premiums, claimant law firms are likely to be more selective on the claims they bring, particularly given that organizations facing cyberattacks will now have stronger grounds on which to defend low value claims.”