The Supreme Court has granted Morrisons permission to appeal against the Court of Appeal’s decision which confirmed that Morrisons was vicariously liable for the actions of an employee who disclosed the personal data of approximately 100,000 of its employees.
Tim Smith, BLM’s head of TMT and cyber said “This is a very interesting development. Given the wealth of case law dealing with vicarious liability and a clear direction of travel to make employers liable, there was a real prospect that the Supreme Court would take the view that this area of law was established and that it did not need to review the decision. That was particularly the case where the Court of Appeal panel was a very experienced one.
"However, whilst this means that Morrisons gets another chance to its case, it may face an uphill struggle having lost in the High Court and Court of Appeal and with a body of case law that seems to go against it. Nonetheless many businesses and their insurers will be hoping that the appeal succeeds."