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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

Withers—Sophie Barrett-Brown

Withers—Sophie Barrett-Brown

Withers drives further growth in its UK immigration team with new partner Sophie Barrett-Brown

Venus Legal—Esther Amoako

Venus Legal—Esther Amoako

Venus Legal invests in next generation of legal talent as specialist litigation practice grows

Fisher Phillips—Catrina Smith

Fisher Phillips—Catrina Smith

Fisher Phillips continues momentum in London with arrival of Catrina Smith

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Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
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