Extract

I. INTRODUCTION

On 11 December 2024, the Court of Appeal of England and Wales handed down its judgment in the case of Prismall v Google UK Ltd.1 The case had been appealed from the High Court of Justice by counsel for the representative claimant, Mr Andrew Prismall, against the strike-out of his representative claim and an order for summary judgment in favour of the respondents, Google UK Limited (‘Google’) and DeepMind Technologies Limited (‘DeepMind’). Mr Prismall had brought a representative action, pursuant to Civil Procedure Rule (CPR) r.19.8, for the tort of misuse of private information (MOPI) against Google and DeepMind. The claim was brought on behalf of 1.6 million people and arose from the transfer of certain patient-identifiable medical records held by the Royal Free London NHS Foundation Trust (the Royal Free Trust) to the respondents in relation to the development of an app that was designed to assist clinicians in identifying and treating patients suffering from acute kidney injury (the ‘Streams’ app).

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