Can I Claim If My Solicitor Sent Documents To Someone Else?

If your solicitor sent your documents to someone else, causing your personal data to become compromised, you might wonder whether you’re eligible to make a personal data breach claim. This guide will discuss the eligibility criteria that need to be met in order for you to have valid grounds to seek data breach compensation and the evidence you could gather to substantiate your case.

solicitor sent documents to someone else

Can I Claim If My Solicitor Sent Documents To Someone Else?

Additionally, we discuss the legislation certain parties must adhere to and the responsibilities they have to protect your personal data. We also provide examples of how a solicitor could send your documents to the wrong person and the impact this could have emotionally, financially or both.

If you have a successful case, you will receive a settlement. We discuss what this could comprise and how it could be assigned value. 

Lastly, this guide highlights the benefits of instructing a solicitor on a No Win No Fee basis and the helpful services they could potentially offer. 

Please continue reading for more information on personal data breach claims. Alternatively, you can contact an advisor for free advice 24/7. To reach them, you can:

Jump To A Section

  1. Can I Claim If My Solicitor Sent Documents To Someone Else?
  2. How Could A Solicitor Data Breach Happen?
  3. How Much Compensation Could I Receive From A Data Breach Claim?
  4. Evidence That Could Help In A Solicitor Data Breach Claim
  5. Make A No Win No Fee Claim With A Data Breach Solicitor
  6. More Information About How To Claim If A Solicitor Sent Documents To Someone Else

Can I Claim If My Solicitor Sent Documents To Someone Else?

The Data Protection Act 2018 (DPA) alongside the UK General Data Protection Regulation (UK GDPR) place a responsibility on data controllers and data processors to protect your personal data. Data controllers, often an organisation, such as a law firm, set the means and purpose for processing and often process the data themselves. If they don’t process the data, they can outsource this task to a data processor who acts on the controller’s instructions. Both have an obligation to adhere to the DPA and the UK GDPR. If they failed to do so, a personal data breach could occur.

The Information Commissioner’s Office (ICO), an independent body responsible for upholding information rights in the UK, provides a helpful definition of what a personal data breach is. They state it is a security incident that affects personal data’s confidentiality, integrity or availability.

In order to make a data breach claim after your solicitor sent documents to the wrong person, you must prove the following occurred:

  • There was a failure by the data controller or processor to adhere to the UK GDPR and DPA.
  • As a result of these failings, a breach that compromised your personal data occurred.
  • Due to the breach of your personal data, you experienced financial damage, emotional harm, or both.

To discuss your case and find out whether you’re eligible to make a personal data breach claim, call an advisor on the number above.

How Could A Solicitor Data Breach Happen?

Personal data is information that can identify someone when used alone or with other information. This can include your name, postal address, email address, credit or debit card details, or phone number. Furthermore, information of a sensitive nature is known as special category data and requires greater protection. This can include data concerning your health.

There is also another category of data, known as criminal offence data, which is given extra protection. This is offenders or suspected offenders personal data in relation to criminal activity, allegations, investigations, and proceedings.

Whilst information about witnesses and victims is not considered criminal offence data, it is likely to be sensitive or high risk so particular care should still be taken when processing it. This is particularly the case when processing special category data about victims or witnesses, such as health data that includes details of physical or psychological injuries. 

Below, we have provided examples of how a solicitor could send documents containing your personal data to someone else and the impact this could have.

  • A human error data breach may occur if your solicitor were to send copies of your bank statements to the wrong person after using the wrong email address. This could result in fraudulent transactions being made from your bank account causing you financial loss.
  • Your solicitor representing a criminal injury case may have sent copies of your health data, including information about your physical injuries and psychological trauma, to the wrong person by using the wrong postal address. This may have caused you to experience emotional distress and anxiety.

Contact our advisors to discuss your potential personal data breach claim and uncover its eligibility today.

How Much Compensation Could I Receive From A Data Breach Claim?

If you make a successful personal data breach claim because your solicitor sent your documents to someone else, you will receive a settlement. Your settlement could include compensation for non-material damage. This is the psychological damage you’ve suffered due to the personal data breach.

To help work out how much your non-material damage could be worth, legal professionals could refer to the Judicial College Guidelines (JCG). This document provides guideline compensation brackets for different types of mental harm.

The table below contains figures taken from the JCG but should only be used as a guide. This is because the amount awarded in each case varies due to each having unique circumstances.

Compensation Table

Type of HarmSeverity LevelGuideline Award BracketNotes
General Psychiatric DamageSevere£54,830 to £115,730The person will be given a very poor prognosis, due to marked problems affecting several parts of their life.
Moderately Severe£19,070 to £54,830A much more optimistic prognosis will be given but several aspects of the person's life will still be affected by significant problems.
Moderate£5,860 to £19,070A good prognosis will be given, since the person will make marked improvements.
Less Severe£1,540 to £5,860The compensation awarded will be determined on the severity and length of disability.
Post-Traumatic Stress Disorder (PTSD)Severe£59,860 to £100,670The person's life will be badly and permanently affected in all aspects. As a result they will be unable to return to pre-trauma levels.
Moderately Severe£23,150 to £59,860The person will receive a better prognosis, due to making some recovery with professional help. Despite this, they will have significant disability for the foreseeable future.
Moderate£8,180 to £23,150The person will have largely recovered and any symptoms that remain will not be grossly disabling.
Less Severe£3,950 to £8,180Virtually a full recovery will be made within two years and any symptoms persisting beyond then will be minor.

Material Losses When Claiming Data Breach Compensation

Your settlement could also include compensation for material damage. This is the financial loss you’ve incurred as a result of the personal data breach. For example:

  • Loss of income incurred after taking time off work to recover from the psychological impact of the breach.
  • Money stolen from your bank account.

Evidence, such as bank statements and wage slips, can demonstrate these losses and help you when you’re seeking reimbursement.

For further guidance on how compensation for a data breach may be calculated, please contact an advisor on the number above. 

Evidence That Could Help In A Solicitor Data Breach Claim

As stated previously, you must satisfy the eligibility criteria to claim personal data breach compensation. This is why collecting evidence can be useful. It could help prove that a breach occurred, outline how it happened and highlight the impact it had on you. To support your case, you could supply evidence such as:

  • Correspondence with the data controller, informing you that a breach occurred and outlining which of your personal data was affected. They are expected to inform you without undue delay if the breach puts your rights and freedoms at risk. 
  • The data controller must also inform the ICO about the data breach within 72 hours of becoming aware of the incident. The ICO may investigate the breach. If they do, you could use their report as evidence to support your case.
  • Financial documents showing the monetary expenses you incurred due to the personal data breach, such as bank statements and credit reports.
  • Medical records that show the psychological damage you suffered due to the personal data breach.

If you’re eligible to make a personal data breach claim after your solicitor sent your documents to someone else, speak with our advisors. Following a free case assessment to determine whether you are eligible to proceed, they could connect you with a data breach solicitor from our panel. The solicitors on our panel have experience handling claims of this nature and could assist you in building a strong body of evidence. Call on the number above for more information.

Make A No Win No Fee Claim With A Data Breach Solicitor

Our panel of solicitors work under a Conditional Fee Agreement. This specific type of No Win No Fee agreement allows them to offer their services under specific terms. Firstly, upon instruction and during the case, you won’t have to pay any fees for your solicitor’s services. Moreover, if your case doesn’t win, no fees will be payable for their services either.

You will be charged if your case is successful. In such circumstances, they would take a percentage of your compensation, which has a legislative cap. This is a success fee and is only small, ensuring most of the award is yours to keep.

If you want to find out if you’re able to make a claim for data breach compensation with a solicitor from our panel, you can:

More Information About How To Claim If A Solicitor Sent Documents To Someone Else

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Thank you for reading our guide about when you could make a personal data breach claim if your solicitor sent your documents to someone else. If you have any other questions, please contact an advisor on the number above.