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A guide to no-win, no-fee data breach claims

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If an organisation fails to protect your private information, it’s important that you are able to make a cybercrime or data breach compensation claim. In fact, access to professional legal advice is an essential right. But concerns about the cost of making a claim can stop people from appointing a solicitor.

To help protect your rights and ensure you get the compensation you deserve, at Keller Lenkner UK, our expert data breach lawyers provide our services on a no-win, no-fee basis.

But what does this actually mean? And are there any hidden costs you should know about?

In this quick guide, you’ll find out:

  • What a no-win, no-fee agreement is
  • Your obligations under a no-win, no-fee agreement
  • What you’ll pay if you win
  • And more!

What is a no-win, no-fee agreement?

 

At Keller Lenkner UK, our data breach solicitors offer no-win, no-fee agreements to help our clients. No-win, no-fee means that, if your claim is not successful, you won’t have to pay a penny towards your case.

A no-win no-fee contract is also known as a Conditional Fee Agreement (CTA).

How can Keller Lenkner UK afford to take on no-win no-fee cases?


We expect to win the vast majority of our no-win, no-fee cases. And, when we do, the defendant has to pay your costs, fees and disbursements.

However, we also take out insurance to insure against the risk of losing a case. This is called ‘After the Event’ insurance (ATE). With ATE insurance, if we lose your case any costs will be paid by the insurance provider.

Your obligations under a no-win, no-fee agreement

 

* A payment we make on your behalf to a third party. If we lose your case, you do not have to pay these costs. If we win your case, we will recoup these from the other side.

What will you pay if you win your case?

 

If your claim is successful, you usually have to contribute towards your solicitor’s costs. This is called a ‘success fee’. It is taken from the compensation awarded to you.

At Keller Lenkner UK, you never have to pay more than 25% of your compensation in a data breach case.

In some group actions, we might even be able to waive this success fee and get the defendant to pay it instead of you. In such cases, there are no solicitor’s fees win or lose.

We always make sure you are fully informed about any potential costs before we proceed.

Are there any hidden costs you should know about?

 

There are no hidden charges or other administration fees.

How do you start a no-win, no-fee data breach or cybercrime claim?

Inform the ICO
You have the right to ask the ICO* to assess an organisation if you think it is guilty of a data protection breach. You can then use any evidence the ICO uncovers to support a data breach compensation claim.
Contact Keller Lenkner UK
At Keller Lenkner UK, our initial consultation is always free. We’ll talk through what’s happened to you, advise you on whether you have a winnable case, and go through your options without charging you a penny.
We’ll start the claims process
Once we have established that your data has been breached, the extent of the breach, and whether other people have also been affected, we’ll confirm if we can take on your case on a no-win, no-fee basis. We’ll then investigate your case, gather together the relevant paperwork and evidence, and make sure all the necessary court forms are filled in on time.
We will try to reach a settlement
Before taking your claim to court, the judge will want to know what steps you have taken to settle the claim. So, we’ll write to the offending company offering a settlement.
We will progress to court
If the other party does not agree to our terms, and we fail to reach an agreement, we will write to tell them that we intend to take the matter to court. In many cases, especially where the ICO has already fined the company, this threat is taken seriously. So there is usually a willingness to pay a reduced amount rather than face larger costs and bad publicity.

How much compensation could you receive?

 

There are no guidelines about how much compensation you can be awarded for a claim under the Data Protection Act. If you do go to court, it is up to the judge to consider all the circumstances, including the seriousness of the breach and the impact on you.

However, while each case is judged on its own merits, there are some things we would typically look for when it comes to when claiming compensation for a data breach.

Financial losses

With stolen data, cybercriminals can make purchases using your bank and credit cards, apply for credit in your name, set up fraudulent bank accounts and access your existing online accounts.

Distress

Cybercrime  and data breaches can have a significant impact on you, both mentally and physically. They can cause or exacerbate anxiety, stress and other psychological conditions.

Loss of privacy

Your data has value, and organisations must be held to account if they fail to protect your right to data privacy.
 

There is strength in our numbers

Keller Lenkner UK Limited is a formidable multi-party law firm. Combining technical expertise with experience in handling large volume cases, we represent our clients with passion, experience and diligence.

Having opened a new data breach division in 2020, Keller Lenkner UK is also gaining an enviable reputation in data breach law. And, with a team of data protection experts led by Kingsley Hayes – arguably the UK’s foremost data breach solicitor – and considerable multi-party expertise, it’s easy to see why.

We have offices in Chancery Lane, London and Liverpool City Centre, and the technology to provide a nationwide service.

The Keller Lenkner name is synonymous with negotiating power. What’s more, our directors have proven experience in the US. This means that our data breach lawyers are backed by global expertise. This is advantageous when it comes to taking on big players and complicated multi claimant and group actions.

Other firms might claim to be data protection experts, but it takes more than an understanding of the law to succeed. At Keller Lenkner UK our team of data breach lawyers has the passion, skill, persistence and resources to fight your corner and win.

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A combined experience of over 50 years
100
The amount you’ll pay if we don’t win your case
0
The number of group action data violation claims we are currently pursuing
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UK offices. One in London and one in Liverpool.

Find out more about making a no-win, no-fee group action claim with our experienced multi-party data breach solicitors.

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