Dear Colleagues.
Operation Fortress – Data Breach
First, thank you for your patience to date - we appreciate that it has been some time since our last update. As was emphasised at the outset, progress in these sorts of cases can be very slow, not least because of the complex nature and scale of such incidents and the huge number of individuals potentially affected.
However, we remind you that the time limit within which a data breach claim can be brought is 6 years, and so there is plenty of time to complete our investigations in advance of any deadline to bring a claim.
As has been made clear previously, the fact of a breach does not mean there is a viable claim for compensation. To establish a claim for compensation, there must be evidence that the breach has caused damage (e.g. financial loss) or (non-trivial) distress / emotional harm. Therefore, the MPF have been continuing to work with PMC to assess if there are viable compensation claims.
The advice from PMC remains that, as the facts and case law currently stand, it is far from certain that the Courts would find in favour of many of those whose data was potentially compromised. However, the case previously referred to - Farley v Paymaster (1836) Limited (trading as Equiniti) [2024] EWHC 383 (KB), in which all but 14 of the 474 claims failed – is due to be heard by the Court of Appeal in June 2025. The outcome of this appeal may materially impact the strength of the potential claims which we are investigating, and we will update you once this appeal is decided and PMC / specialist Counsel have been able to assess if and how that decision strengthens or weakens those potential claims.
In the meantime, the MPF is keen to support its members in relation to this matter and has continued to work with PMC to investigate the potential claims.
By way of update:
An initial review and analysis of the survey information has been completed.
Further information has been provided by the MPS.
PMC are continuing to liaise with specialist Counsel to assess the position in light of additional information and any relevant case law.
However, as before, we understand that ongoing progress will be slow and there are unlikely to be any significant developments in the near future. We will of course continue to update you about the progress of this matter as and when there are any material developments (or at regular intervals in the absence of that). In the meantime, please do not contact PMC directly.
Matt Cane
General Secretary
