Apology from the bank 1-nil
government intervention and public statements criticising the bank 2-nil
apology from the BBC 3-nil
CEO's scalp is definitely 4-nil
huge publicity against the bank 5-nil
I'm not a football expert, but I somehow think this wont end in a penalty shoot out.
The basis of his claim for damages:
His claim is a mix of contract, regulatory and criminal misconduct. Other than the special categories, the damages claim for defamation is really the weakest part of his claim. That is not to say its weak by any means, but there have been "serious errors of judgment" on the part of the bank and beyond the contractual breach, which is a pretty simple element, there have been some criminal offences committed.
1. Breach of contract - breach of confidentiality, failure to treat in accordance with the contract. .e.g their data privacy policy, terms of service, fairness, general bad faith etc.
2. Breach of the Data protection Act. Unlawful processing of personal data without consent, unlawful disclosure
3. Breach of Payment Account Regulations. Unlawful discrimination, notice to quit etc.
4. Defamation