On this page, we have provided some key information to ensure you are fully informed and up-to-date on your claim. This includes:
It is extremely important that you sign our Litigation Management Agreement (LMA) if you want Keller Lenkner UK to represent you in this case.
A LMA is a standard procedural step in cases where a large number of individuals have been affected by the same data breach. The LMA must be signed before we commence formal litigation proceedings.
In the past, group cases have slowed down because claimants understandably have questions about the LMA, and they want answers to these questions before they sign the document. This can stop the claim moving to the next stage.
By answering the most frequently asked questions about LMAs upfront, we aim to avoid unnecessary delay.
A Litigation Management Agreement (LMA) is an agreement between you, Keller Lenkner UK, and all the other claimants who have joined our action.
The LMA establishes a committee – authorised by all claimants – to represent you in the litigation and provide instructions to Keller Lenkner UK on your behalf.
The appointed committee members are claimants like you, and are often individuals who have suffered the most because of this data breach.
Yes. The appointed committee members are claimants like you, and are often individuals who have suffered the most by this data breach, and who are a true representation of the group.
We carefully vet any representative on the committee ensuring there are no conflicts of interest.
The committee members have been actively engaged in this group action and have willingly volunteered to become committee members. We are certain they will work well with Keller Lenkner UK to ensure the smooth running of your case.
Yes, the creation of a committee is routine in group actions of this kind.
Claimants must review and sign several documents in a group action. But, getting hundreds of people to make decisions and provide instructions individually can be a time consuming and frustrating task.
The LMA helps to speed up the claim process and provides a less time-consuming and hassle-free claims procedure.
A LMA, and the appointment of a committee to represent clients, is a standard approach used by law firms undertaking group litigation.
As solicitors, we must ensure cases are handled justly, proportionately, and without unnecessary delay. The LMA helps us to do this.
No. Your case is being run on a ‘no win no fee basis’.
We take out insurance (called After the Event insurance) on your behalf, and on behalf of all of the other claimants in this group action. This covers you and all of the claimants from adverse costs in the unlikely event we lose the case.
Yes, if we win your case, in accordance with the terms of your Conditional Fee Agreement (CFA), you will be liable for our success fee. The fee will be deducted from your compensation. The amount of this fee is included in our CFA.
If we win your case, we will recover all other costs from the defendant. If there are any unrecoverable costs (costs that we cannot recover from the defendant), we will cover these ourselves.
Yes. You do not need to have suffered financial loss to make a valid claim. The theft of your personal data allows you to make a claim for compensation.
You will not benefit from the insurance we take out.
This means you will have to purchase your own insurance policy to cover the associated risks.
It also means you will have to pay your own court fees, witness expert fees, and barrister fees upfront
Still have questions about the LMA? In our quick guide, we explain more about LMAs, and what clients agree to when they sign.
To win your case, we will need to prove that the defendant breached your data and that this breach has harmed you in some way. Every case is different and we will be in touch to establish the evidence needed in your case. But things we might use include:
You have a legal duty to preserve any documents that might be relevant to your claim – even if they support the defendant’s case. Deliberately destroying or otherwise making any evidence unusable could be a contempt of court and could harm your case. If you have previously destroyed/binned evidence (before you knew you could claim), that isn’t a problem. But now you have started legal action, you must keep any evidence safe in case it is needed.
At Keller Lenkner UK, our expert data breach lawyers understand that making a data breach compensation claim can seem difficult. And not knowing what to expect can be stressful.
To protect you from any unnecessary worry, we make sure you are fully informed at every step of the process.
To help with this, our handy data breach jargon buster explains some of the key legal phrases and terminology you might come across when making a claim.
To help protect your rights and ensure you get the compensation you deserve, we 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?
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).
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.
* 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.
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, our fees are reasonable and we always explain what you will have to pay if you win up-front.
We always make sure you are fully informed about any potential costs before we proceed. There are no hidden charges or other administration fees.
Keller Lenkner UK has been shortlisted in three categories at the Modern Law Awards 2022. These categories are ‘Business Growth Award’, ‘Innovation of the Year’ and ‘Boutique Law Firm’. We have also been shortlisted for ‘Law Firm of the Year’ at the 2022 LexisNexis Legal Awards.
This follows our 2021 success where we were shortlisted in the ‘Independent Law Firm of the Year’ and ‘Strategic Legal Operations Team of the Year’ categories at The British Legal Awards, and the ‘Disputes Boutique Firm of the Year’ category at The Lawyer Awards.
