The case was heard following an application to the High Court by the liquidators of the company under section 112(1) of the Insolvency Act 1986. By the time of the liquidation, the company's business had ceased and the benefit of all outstanding loans had been transferred to a third party. The company, a member of the Lehman Brothers group of companies, had provided loans to individuals resident in Great Britain, secured by way of second charge on their homes. The case concerned the liquidation of Southern Pacific Personal Loans Limited, which entered creditors' voluntary liquidation in September 2012. Liquidators are therefore not personally liable for compliance with the Data Protection Act 1998 in respect of this data as they will be viewed as agents acting for the company rather than as 'data controllers'.
The High Court has confirmed that all rights relating to the control of data belonging to, or being controlled by, a company at the time it entered into liquidation remain vested in the company at and following its liquidation.
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