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30 January 2026
Issue: 8147 / Categories: Legal News , Competition , Damages , Tort
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NLJ this week: No automatic bar on ‘user damages’

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A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law

User damages focus on the value of control over an asset—here, personal data—rather than traditional loss. The CAT held that the issue is ‘fact-sensitive’ and unsuitable for strike-out, particularly where conventional damages may be unavailable. Importantly for collective actions, the tribunal accepted that user damages can be assessed on an aggregate basis.

While the law remains ‘a developing area’, the decision signals that claimants may plead loss of control where defendants argue they would never have paid for the relevant use. For now, the nettle has been left firmly ungrasped.

Issue: 8147 / Categories: Legal News , Competition , Damages , Tort
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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
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