Mediation examples:

• a dispute arising out of the P2B (Platform to Business) Regulations (Regulation (EU) 2019/1150) between an online intermediation services and App developer following withdrawal of an App, the issues focusing, in particular, on Articles 3, 4 and 11 and also the Online Intermediation Services for Business Users (Enforcement) Regulations 2020;

• a defamation action against an operator of a website following a preliminary issues hearing on the natural and ordinary meaning of a number of statements and whether they were statements of fact or expressions of opinion (and whether the basis of the opinion was indicated), raising issues of whether the defendant was an author, editor or publisher; 'serious harm' and various other issues under the Defamation Act 2013 and the Defamation (Operators of Websites) Regulations 2013;

• a dispute between a technology provider and customer arising out of a ransomware attack with argument focusing on threat detection, the choice, use and implementation of anti-virus software, notification of remediation of the incident and business losses flowing from disruption;

• a cyber insurance coverage claim raising issues of interpretation of exclusions, coverage of subsidiary companies, the proper treatment of third party claims etc;

• a data protection claim by several claimants against a company that provided the ability for customers to trade crypto assets which suffered an attack by criminal hackers that breached its security and resulted in the exfiltration of the claimants personal data leading to subsequent theft of their crypto assets.  The claims were brought under the GDPR and Data Protection Act and  concerned the duties of the defendant in terms of technical and organisation measures to protect data, causation and the correct approach to compensation for material and non-materiel damage under data protection legislation (e.g. Article 82) and, importantly in terms of quantum, the date of measurement of loss (particularly in a volatile market such as crypto) and mitigation (e.g. the application of the market mitigation rule (e.g. Southgate v Graham  [2024] EWHC 1692);

• a claim brought by almost 2000 data subjects following a cyber attack and the issue of a Monetary Penalty Notice by the ICO;