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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

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

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A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
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