Lloyd (Respondent) v Google LLC (Appellant)

Lloyd v Google LLC was a case in which the Supreme Court considered the scope of the representative procedure under CPR rule 19.6. The case involved a claim by Richard Lloyd, on behalf of all Apple iPhone users in England and Wales, against Google LLC for breach of the Data Protection Act 1998. Lloyd sought to bring a representative action for damages, arguing that a uniform sum could be awarded to each class member without the need for individualised evidence. The Supreme Court considered the legal issues of whether damages could be awarded under the DPA 1998 without proof of material damage or distress, and whether individualised evidence was necessary to establish the extent of unlawful processing in each case. The Court concluded that compensation under the DPA 1998 could only be awarded for material damage or distress, and that individualised evidence was necessary to establish unlawful processing and the extent of any damage. The Supreme Court allowed the appeal, holding that the claim had no real prospect of success due to the necessity of individualised evidence for each class member.