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Posted: Sat Feb 08, 2014 4:34 pm
by dig dug dan
Cut a long story short. The local highways authority broke the data protection act and gave out my name and address to some people, which has now affected my business. This was back in 2009. Having had time to reflect further, and gather evidence that I have lost work, I am now seeking compensation. Has anyone ever heard of this before?
Posted: Sun Feb 09, 2014 10:59 am
by Tony McC
Not directly the same, but a certain camera manufacturer sold my personal information some years back and I had months of to-and-fro paperwork with the Information Commissioner's Office (ICO).
I won't bore you with the detail but after 12-14 months, I did get compensation from the manufacturer, but it seemed a pyrrhic victory as the amount of time, paper and postage involved cost far more than I received as a token 'sorry'. However, for me, it was the principle involved. This manufacturer thought it could blithely ignore data protection law and sod the consumer. They allegedly changed their data handling procedures following a ruling from ICO, but I wouldn't know: I'll never buy anything from them again.
So: your first stop would be the ICO, I guess.
Posted: Sun Feb 09, 2014 11:22 am
by dig dug dan
well in this instance i have lost work in the thousands. They are wriggling, but i have a stack of evidence. i wasnt going to pursue it till i found out the amount of work i had lost. hoping to avoid getting solicitors involved
Posted: Sun Feb 09, 2014 3:39 pm
by enigmaenigma
Chances are you are going to have to have contact with a parasite in a pinstripe, or a solicitor as they call themselves. Because in UK law, and in general terms, you are compensated for loss suffered and not potential losses suffered.
Example:
I break you car with damage to the value of £200, then the loss you have suffered is £200…plus any associated costs in recouping it etc
But what if whilst your car was damaged, as a result of me, you couldn’t use it to price up a job? Does that mean you can recover the potential loss of work from me…because but for my actions you would have had a car and been able to price / win the job etc?
In general it doesn’t, there has to be a line drawn in the sand somewhere, and those that suffer loss should mitigate their loss
When taken in the context of this forum, these rules / rules of thumb are seen daily, but probably not acknowledged or considered by contractors
Example:
Street masonry / utilities etc that disrupt shopping centres and businesses when conducting their job, by blocking paves or roads & creating obstacles that could affect footfall / trade etc.
Just imagine if all potential loss could be recouped automatically…the shopkeepers / other traders that would be saying we have lost £X amount of possible profit because you had the pavement dug up.
Just as matter of pedantry, and whilst there is no general right for potential loss suffered by digging up the road, there are provisions for certain situations…such as, amongst others, making the business landlocked by obstructing all & any access for possible customers etc.
This doesn’t mean that there aren’t provisions for these type of losses…which come under the heading of indirect losses or consequential losses (Google those terms) However, a lot rest upon the relationship that exists between the parties involved, nature of the loss suffered, and the liability of the fault party (as a result of what they knew etc)
Don’t let this authority raise your hopes to high, because although it explicitly states “case on pure economic loss, resulting from a negligent misstatement� there is whole lot more involved.
Hedley Byrne & Co Ltd v Heller & Partners Ltd
It could be a total can of worms, especially as it’s the Highways Agency involved…who will be well versed in potential losses and the law, as a result of them spending so much time digging up the roads / stopping up the roads etc and affecting the profitability / potential profit of business the length & breadth of the UK.
The first thing you need to do is look at what relationship exists between you and the fault party…is it contractual in the general sense, or is it a duty of care that they owe you. Depending upon the answer to that, and whilst it doesn’t alter the nature of the loss you have suffered / attempting to recoup, it can alter the way in which it’s achieved.
In addition to that, it might be worth looking at any insurance you hold, as to whether that includes economic loss etc…and see if it’s possible for them to fight it out for you. And maybe, if you are an approved contractor for them, in a master & servant type of arrangement, any contract / membership stuff you have, that covers this type of thing and their liability to discharge their master responsibilities properly.
I was going to suggest looking at their website, to see what policies / information they have about loss etc.
Land, property and compensation
However, it seems that they are only directly involved in the following:
General loss suffered from badly maintained roads they are responsible for, such as potholes etc. And in regards potential loss, then Part I Claims for loss of potential land / house value from their activities etc…which is governed by virtue of an Act of parliament.
It looks as though immediate potential loss such as the example above, about shops losing trade whilst the road is dug up, is probably covered by arrangements with their contractors etc…what’s that old saying about something rolls downhill hehe
But what it does demonstrate is that they are well versed and well armed in this area of law, so worth getting yourself proper legal advice…Because let’s no forget, that HA are Govt Agency, and have gawd knows what at their disposal / money they can throw at it.
Best of luck with it all 
Posted: Sun Feb 09, 2014 9:15 pm
by dig dug dan
Thanks for the extensive reply.
I did have course to claim for pothole damage once, and they tried to wriggle out of it by saying I should have spotted it sooner, and it was "contributary negligence" it wasn't until a ccj arrived on their doormat did they agree to pay, costing them an additional £60 in the process!
Posted: Mon Feb 10, 2014 7:58 am
by Carberry