Work has been ongoing behind the scenes, and we have been reviewing the potential claims in light of important developments in the case law in this area. We appreciate that progress is slow and this can be frustrating, but as previously explained, this is due to the complexity of the issues involved and the large number of individuals potentially affected.
Since our previous update, the Court of Appeal has delivered its judgment in the previously referred to case of Farley v Equiniti, which we previously advised could affect the potential claims being investigated and therefore, we have obtained further advice from specialist Counsel on what this means for affected members.
The Court of Appeal's decision was more favourable to claimants than the earlier High Court judgment. However, the case is now due to be heard by the Supreme Court in October 2026, meaning that the legal position is still not settled. A judgment is expected later this year or in early 2027. That decision is expected to provide important guidance on when compensation may be available following a data breach and could have a significant impact on any future claims.
While the Court of Appeal's decision is helpful in some respects, it remains clear that the fact that an individual's information may have been compromised does not automatically mean that they will be entitled to compensation. Establishing a compensation claim requires more than proving that a breach occurred.
We appreciate that many members will be keen to understand whether they have a potential claim for compensation. At present, it remains uncertain how many individuals may ultimately have claims that satisfy the legal requirements for compensation and so a claim for compensation will not necessarily be available to all those whose data may have been affected. The work undertaken to date, including analysis of the survey responses and ongoing review by specialist Counsel, suggests that the prospects of compensation may differ significantly depending on the nature of the information affected and the particular circumstances of the individual concerned.
That said, the MPF continues to support all of its members, working with PMC to explore the prospects of the potential claims.
The next steps are to:
• Send further communications to the MPS and Digital ID in order to confirm their respective positions in liability, as well as on their position in respect of compensation focusing primarily on the strongest categories of claimants as a benchmark.
• Conduct a review of the survey information to identify any additional information required in order to finalise the communications to the MPS and Digital ID and, if so, to request this from the relevant members.
• PMC will continue to liaise with specialist Counsel in progressing matters.
• PMC and Counsel will monitor the developments with the case law, in particular the forthcoming Supreme Court decision in Farley v Equiniti and advise if there is any impact on the potential claims.
As previously advised, there is a 6-year time limit for claims and so there remains ample time before any limitation deadlines arise and no immediate action is required from members.
We will continue to provide updates as matters progress and will issue a further communication once the Supreme Court has delivered its judgment, or sooner if there are any other material developments.
