Posted: 29/10/2025
This Halloween we bring you stories not of witches nor of werewolves but of something far scarier: cybersecurity threats that lurk in the shadows of our servers.
Our Halloween horror anthology begins on the night of 31 August when JLR, the UK's biggest automotive employer, which manufactures the Jaguar and Land Rover brands, fell victim to a sinister cybersecurity incident. Dubbed by experts as Britain's costliest hack, for over a month, production lines shuddered to an eerie halt and retail outlets flickered into darkness.
While the government has since announced that it will underwrite a £1.5 billion loan to JLR and the company will resume manufacturing in the coming weeks, the damage has been done and, like all good horror stories, this one leaves behind a trail of unsettling truths
This summer, KNP, a 128-year-old Northamptonshire haulage firm that had weathered war, financial downturns and global pandemics met its end, it is thought, when a cybercriminal gang guessed a single feeble password.
It was reported that in a chilling ransom note, the hackers wrote:
"If you're reading this it means the internal infrastructure of your company is fully or partially dead…Let's keep all the tears and resentment to ourselves and try to build a constructive dialogue".
Despite having cybersecurity insurance in place, KNP could not afford the estimated £5 million ransom price to decrypt the stolen data and restore access to the company's system. Unable to operate, the company collapsed resulting in the loss of 700 jobs.
This tale is a stark reminder of how easily cyber gangs can take advantage of simple security lapses such as a weak password. Operational resilience in the face of these threats relies on companies taking measures such as:
Attacks against big names like JLR, Harrods and M&S often attract media attention. However, this cautionary tale demonstrates the devastating impact that cybersecurity incidents can have on small and medium enterprises (SMEs), like KNP, which may lack the capital resources or defences to survive, are unlikely to receive government bailouts and, consequently, are more prone to collapse.
For example, data from Coalition Research suggests that 75% of the 133 UK companies publicly listed by ransomware groups in 2025 had fewer than 200 employees. The group most affected by cyber-attacks was those companies with 10 employees or fewer. This reinforces the importance of cybersecurity for SMEs who appear to be disproportionately impacted.
Earlier this year, M&S was among three retailers, along with the Co-op and Harrods, that were victims of cyber incidents. The culprit behind this hack on M&S is thought to be a web of cybercriminals known as the Scattered Spider. The attack left shelves bare and resulted in the disruption of online orders and click-and-collect services for seven and 15 weeks respectively. Customer data was also stolen. The financial ramifications have been significant with the incident estimated to have cost the retail giant around £300 million in lost profits this year.
The Co-op weathered no better. All 6.5 million members had their data stolen and the incident contributed to a pre-tax loss of £75m.
However, amongst these dark tales, there are commercial and legal lessons to be learned:
If the worst happens and a cybersecurity breach occurs, what are your legal remedies?
For individuals
For an individual whose data has been compromised, there may be several causes of action. For example, if the company holding the data did not take sufficient steps to secure it and/or did not have appropriate policies in place, claims for breach of contract, negligence or breach of statutory duty may be made out. The value of this kind of data breach compensation claim is often low, but claimants can join together to bring a group data breach claim. The likelihood of success of such claims has recently been increased by the Court of Appeal's ruling in Farley and Others v. Paymaster (1836) Limited (trading as Equiniti) [2025] EWCA Civ 1117, which held that there is no 'threshold of seriousness' which must be met. M&S is already facing a group claim from its data breach by at least one law firm, Thompsons Solicitors, whose website suggests over 10,000 individuals have 'signed up' for the potential claim (which does not appear to have been issued yet) so far
For companies
For a company that has suffered a breach, there are several potential civil and criminal remedies that can be pursued. For example, injunctions can be sought - even against persons unknown - to prevent further dissemination or use of the data. In the recent case of HCRG Care -v- Person(s) Unknown [KB 2025-000736], the attackers, known only as 'Medusa', stole confidential data belonging to employees, clients and third parties of a prominent UK health care organisation.
Faced with extortion threats, HCRG successfully obtained an interim - and then final -injunction for breach of confidence to prevent further misuse or disclosure of the stolen information. Despite the inherent difficulties in serving injunctions on 'unknown persons', service was achieved via a web portal and ultimately by email. The case highlights the English court's flexible approach to bringing those responsible for ransomware attacks to justice.
Proprietary or freezing orders can be obtained to trace and recover any assets stolen as part of the hack and Norwich Pharmacal orders can offer a means of tracing and identifying wrongdoers by obtaining relevant disclosure from third parties as to the identity of the hackers.
Plainly, none of these spooky solutions are as effective as avoiding the breach in the first place. This year, as you celebrate Halloween, make sure you are not taken in by any of the 'tricks' listed above and instead, 'treat' yourself to some cybersecurity and up-to-date legal advice!
This article has been co-authored by Georgia Morris, a trainee solicitor in the commercial dispute resolution team.