CA-2024-000578 - [2025] EWCA Civ 1117

The appellants’ case, as set out in the draft Amended Master Particulars, now includes just two generic allegations. First, that the breaches complained of led each appellant to experience “anxiety, alarm, distress and embarrassment” at the prospect or possibility that their personal data may have come into the hands of third parties and been misused or exposed to the risk of misuse. This is expressly pleaded as “non-material damage”. Secondly, 42 of the appellants allege that the breaches caused them to suffer an aggravation of a pre-existing medical condition. For this, general damages are claimed. The Particulars do not categorise this head of loss as material or non-material.The individual schedules, being pleaded by way of additional information, must be read in the context of the Master Particulars.