As our reliance on digital systems and interconnected networks continues to grow, so does the vulnerability to cyberattacks and hacking incidents. In the aftermath of these malicious activities, individuals and organisations often find themselves grappling with the devastating consequences of compromised security and stolen data. In response, a rising trend of hacking claims and phone hacking claims are being made.

These claims entail seeking financial restitution or compensation for the damages incurred due to a hacking incident. Such claims are becoming more high profile as a means to hold responsible parties accountable, recover losses, and address the significant impact on both personal and professional realms.

Hacking claims can be complex and expensive, but seeking legal representation can help you reach a satisfactory resolution to your dispute. At Annecto Legal, we can put you in touch with hacking solicitors who can help you protect your rights and interests and achieve a positive outcome for your case. We can also assist by helping you to secure litigation funding for your case.

Unfortunately, because of the high costs of legal actions in the UK, we only assist in disputes which are valued at over £250,000, at the absolute minimum. We would like to be able to help on other claims, but we just don’t have access to any products that can assist on smaller matters.

Common causes of hacking claims

There are a number of causes that can lead to hacking claims. Some of the main causes that we see include the following:

1. Data Breaches: Data breaches occur when unauthorised individuals or private investigators gain access to sensitive information stored in databases or systems. When a data breach occurs, victims may file hacking claims seeking compensation for the loss, misuse, or exposure of their personal or financial data.
2. Malware Attacks: Malware, including viruses, ransomware, and spyware, is often used as a tool for hacking into computer systems. Malicious software can be distributed through infected email attachments, compromised websites, or even via removable media.
3. Insider Threats: Hacking claims can also stem from insider threats, where individuals within an organisation misuse their access privileges to compromise systems or steal private information. Employees or contractors with malicious intent can exploit their knowledge of internal systems, weak security practices, or negligence to carry out unlawful activities.
4. Vulnerabilities in Software or Hardware: Software or hardware vulnerabilities can provide opportunities for hackers to exploit weaknesses and gain unauthorised access to systems. These vulnerabilities can arise from programming errors, outdated software, or flaws in the design and implementation of hardware components.
5. Social Engineering: Social engineering techniques involve manipulating individuals to divulge sensitive information or gain unauthorised access to systems. This can include tactics like impersonating trusted individuals, conducting phishing scams, or tricking individuals into revealing their passwords or login credentials.
6. Distributed Denial of Service (DDoS) Attacks: DDoS attacks overwhelm a target system with a flood of incoming requests, causing it to become overloaded and unavailable to legitimate users. These attacks often exploit vulnerabilities in network infrastructure or utilise botnets—networks of compromised computers—to orchestrate the attack.

It is important to note that the causes of hacking claims can vary widely, and each case should be evaluated based on the specific circumstances and evidence surrounding the incident.

Funding a hacking claim

If you are pursuing a hacking claim, legal costs can escalate quickly. Therefore, it is essential that you are aware of the funding options that are available to you. Funding hacking claims can be a complex process and will depend on the individual circumstances of the case. Listed below are some of the options for funding a hacking dispute claim.

• Conditional fee agreements – Conditional fee agreements (CFAs), also known as ‘no win, no fee agreements’, are a type of funding arrangement that allows individuals to pursue a claim without paying legal fees upfront. Under a no win no fee basis, the law firm agrees to take on the case and only charges a fee if the case is successful. If the case is unsuccessful, the client does not have to pay these legal fees.
•  Contingency fee agreement – Some hacking solicitors may offer to take on a hacking claim on a contingency fee basis, which means that they will only charge a fee if they are successful in securing a financial settlement or damages. The fee payable to the solicitor is usually a percentage of the amount recovered, and if the case is unsuccessful, the law firm will not charge a fee.
• After the event insurance – After the event (ATE) insurance is a type of insurance that can provide cover for legal costs in the event that a case is unsuccessful. This option can be particularly useful in cases where the outcome is uncertain, and the costs of losing a case could be significant. ATE insurance is often used with conditional fee agreements and contingency fee agreements.

• Third party litigation funding – In some cases, third party litigation funders may be willing to provide funding for a hacking claim in exchange for a percentage of any financial settlement or damages awarded. This option can be attractive for individuals who cannot afford to pay for legal fees themselves but have a strong case. ATE insurance is often used in conjunction with this type of funding.

How can Annecto Legal assist?

At Annecto Legal, we assist a range of clients in finding the right legal representation for their hacking claims. We also ensure the appropriate litigation funding and insurance is put in place to ensure there are no financial barriers.

The preference is always to find a suitable settlement in a reasonable timeframe, but the best way to achieve this is to negotiate from a position of strength. Having the best hacking solicitors and being fully funded gives you that strength and forces your opponent to the negotiating table.

If you are in the process of pursuing or defending a hacking claim and want to find out whether you’ve got a claim, then contact Annecto Legal now. We can help find you the right representation, as well as managing your financial risks and sourcing funding for your legal fees.

Unfortunately, because of the high costs of legal actions in the UK, we only assist in disputes which are valued at over £250,000, at the absolute minimum. We would like to be able to help on other claims, but we just don’t have access to any products that can assist on smaller matters.