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Man sues Apple over loss of photos - and wins!

A 68-year old UK man has won a lawsuit against Apple after noticing that all his photos and contacts were wiped from the device after sending it in for a repair.

Deric White took his iPhone 5 into the Regent Street Apple store in December last year after receiving a text from Apple stating that his device was faulty.

Apple iPhone 5Upon receiving his device back from 'Genius' staff members after the repair Mr White discovered that his iPhone 5 had been wiped clean of all it's data - loosing him 15 years worth of contacts and all of his recent honeymoon pictures and videos.

White says, "It was only after staff fiddled around they asked if I’d backed my things up,"

"My life was saved on that phone. I lost my favourite video of a giant tortoise biting my hand on honeymoon in the Seychelles."

He then filed a lawsuit against Apple for £5,000 (~$7,500), stating that Apple employees were negligent with his handset and that it was only after the repairs had been carried out that he asked whether he had backed up his data.

While on his honeymoon in Seychelles, Mr White started receiving a series of text messages from Apple informing him that he needed to reset his device password.

Once back in the UK Mr White took his iPhone 5 into the Regent Street branch and left the handset with staff while he went Christmas shopping for his wife, when he returned to collect his phone he was told that there was a problem with it and that if he went upstairs to the 'Genius Bar' he would be given a replacement device.

Upon going upstairs a technician took his phone so that it could be analysed and returned shortly to inform White that everything was now working as it should.

It was only as Mr White began to leave the store that the technicial asked him if he had backed up all of his data - to which Mr White replied 'no'.

The courts ruled in Mr Whites favour and awarded him with £1,200 (~$1,800) in compensation, he was also awarded £350 for the hearing fee, £205 for the cost of filing the claim, £28 in travel costs and £190 for his time spent preparing for the case.

District Judge Ruth Fine, sitting at London County Court within the Royal Courts of Justice declared that Apple were guilty of unreasonable behaviour for failing to settle the case before it reached the courts.

Judge Fine said, "I accept the claimant's version of events', she said. 'The defendant's employees were negligent in the treatment of the claimant's telephone, causing the claimant loss of photographs of particular sentimental value and the loss of all his contacts."

She also added, "I'm satisfied he was unable to retrieve the lost photographs and contact details. Just because damages are difficult to assess does not disentitle a claimant to compensation."

Interestingly Mr White starred as 'Harry Hotline' for a series of Ericsson mobile phone adverts back in the 1990s.

Harry Hotline - Deric White