Question
Data Breach group litigation – PSNI indicated would be able to come back to the Board in May or June with a progress update.
Answer
Please find below a brief update on progress with litigation following the Data Breach last August. This update reflects the position as at 19 April 2024.
The liability has not yet been formally conceded, however, legal advice has confirmed that the Chief Constable on a balance of probability would be found liable for damages as a result of the Data Breach.
There are around 7,000 claims to date.
A key part of the Litigation Strategy is proceeding by way of a ‘Group Litigation Order (GLO)’ obtained in the High Court. This approach has the potential to deal with generic issues in a more cost effective and controlled way.
A GLO was granted in March and the matter is listed for review in late April 2024.
It was agreed by respective Counsel that the next step was to share samples of the questionnaires completed by claimants. This will enable a more informed assessment of likely classes and amount of any damages.
In the event of dispute over the quantum attributable to a certain class of claimant, the Court may at a future date be invited to determine the appropriate quantum.
Once those steps are completed, a Settlement Strategy will be developed and presented to the Department of Justice and Department of Finance for approval.
We would then agree and enter into a process for the settlement of claims with claimant’s solicitors, and where appropriate, run quantum only claims before the Court for those cases that cannot be resolved.
Mark H Durkan MLA - SDLP