Background

Mr Matthew McConville, Head of Irvings Law’s specialist Data Breach Department, has successfully represented a client in a claim for compensation against an NHS Trust. Due to confidentiality, the client will be referred to as Mrs L and the identity of the NHS Trust will not be disclosed.

Mrs L was under the care of a NHS Trust’s Mental Health Service due to her ex being the major stressor of such a referral. The said NHS Trust then called Mrs L’s ex, despite Mrs L’s records stating for them not do so, and confirmed whom they were calling about and where they were calling from; this exacerbated Mrs L’s said mental health issues and so she lodged a complaint to the NHS Trust as a result. In response, the NHS trust apologised for what happened and confirmed that her ex’s number was now removed from her said records.

Representation

After this, Mrs L approached specialist Data Breach Solicitors, Irvings Law, for assistance. Mr McConville immediately acknowledged that what happened was completely wrong and without hesitation, offered to act for Mrs L by way of “no win, no fee” presenting a claim to the NHS Trust on the basis that Mrs L’s human rights to privacy were breached as well as GDPR following this misuse of private information.

Resolution

After presenting the claim and despite the above apology, the NHS Trust sought to dispute liability leaving Mrs L with no other option but to issue and serve Court proceedings. Once her proceedings were served however, the NHS Trust wished to then settle Mrs L’s claim and an agreement was reached not long after such discussions took place in the sum of £1,500.00 plus the payment of her legal costs.