‘Victims of the contaminated blood scandal in the 1970s and 80s have won the right to launch a High Court action for damages.’
The Independent, 26th September 2017
Source: www.independent.co.uk
‘At first glance, two recent judgments from the CAT may give the impression that the new UK class action regime is dead in the water. However, on closer inspection there is much in these judgments that prospective claimants will welcome.
Blackstone Chambers, 7th August 2017
Source: www.blackstonechambers.com
‘Often, a litigator’s single greatest desire is for clarity: of instructions, tactics, or argument. Few circumstances can disrupt this as effectively as a large group of clients or opponents, each clamouring for different (often mutually exclusive) approaches. Once such a case reaches a certain size, it is simply not feasible to proceed in the usual way, with all parties giving evidence and making submissions. There are a number of ways of addressing this problem, each with unique benefits and pitfalls.’
Hardwick Chambers, 25th July 2017
Source: www.hardwicke.co.uk
‘On 21 July, the Competition Appeal Tribunal (CAT) issued its decision dismissing an application for a collective proceedings order (“CPO”) in the MasterCard litigation (Walter Merricks v MasterCard Inc & ors [2017] CAT 16). It is a decision whose significance goes beyond the fact that it is a further illustration of the difficulties of advancing opt-out class actions. It remains the case that, despite nearly two years having elapsed since implementation of schedule 8 of the Consumer Rights Act 2015, no CPO has been made, nor is one likely to be made at any time soon. Whilst the decision is subject to Mr Merricks’ right of appeal, this alerter briefly considers the implications for the management of class actions. In very broad terms, the decision underlines the requirements of a high level of precision and a sound and principled evidential basis in relation to: (1) the definition of the class; (2) the calculation of aggregate class damages; (3) the means for distributing damages within the class; and (4) the elements of a funding agreement.’
Henderson Chambers, 25th July 2017
Source: www.hendersonchambers.co.uk
‘A record-breaking £14bn collective action against Mastercard is set to rumble on after the former ombudsman who brought the case on behalf of 46 million consumers seeks to appeal last month’s Competition Appeal Tribunal ruling.’
Law Society's Gazette, 14th August 2017
Source: www.lawgazette.co.uk
‘At first glance, two recent judgments from the CAT may give the impression that the new UK class action regime is dead in the water. However, on closer inspection there is much in these judgments that prospective claimants will welcome.’
Competition Bulletin, 4th August 2017
Source: competitionbulletin.com
‘The Court of Appeal has dismissed a technical challenge to conditional fee agreements (CFAs) signed by members of a class action during a meeting organised for that purpose.’
Litigation Futures, 25th July 2017
Source: www.litigationfutures.com
‘A record-breaking collective claim against MasterCard was thrown out by the Competition Appeal Tribunal today in a major blow to the growth of funded class actions in the UK. The case, brought by former financial services ombudsman Walter Merricks on behalf of 46 million consumers who were alleged to be victims of excess ‘interchange fees’ charged by card companies, claimed £14bn in damages. It was the largest sum claimed in English legal history.’
Law Society's Gazette, 21st July 2017
Source: www.lawgazette.co.uk
‘In a robustly worded judgment handed down today, Mr Justice Collins found the revised benefits cap operated to unlawfully discriminate lone parents with children under the age of two and those children under the age of two.’
Garden Court Chambers, 22nd June 2017
Source: www.gardencourtchambers.co.uk
‘This was the judicial review of the ‘reduced’ benefit cap – £20,000 pa outside London, £23,000 in London, brought by claimants who were all single mothers with children, including children under two years old. The claim was on the basis that the regulations were discriminatory, either against women as the majority of single parents, or against the children, on the basis that single parents of children under two years old were not able to ‘escape’ the cap by obtaining 16 hours or more a week of employment.’
Nearly Legal, 25th June 2017
Source: nearlylegal.co.uk
‘A central plank of the Government’s benefit reform programme has suffered a major setback after a High Court judge ruled it was unlawful and was causing “real misery” to single parents and their children.’
Daily Telegraph, 22nd June 2017
Source: www.telegraph.co.uk
‘Fred Goodwin has escaped being summoned to the high court to explain his actions during the 2008 financial crisis, after disgruntled shareholders finally reached a settlement with Royal Bank of Scotland.’
The Guardian, 6th June 2017
Source: www.theguardian.com
‘The UK’s first ‘opt-out’ class action claim has been withdrawn on the basis that its costs would outweigh the potential damages available.’
OUT-LAW.com, 5th June 2017
Source: www.out-law.com
‘The first attempt to bring an opt-out class action has failed after a decision of the Competition Appeal Tribunal (CAT) that meant the claim would not be worth enough money to proceed.’
Litigation Futures, 5th June 2017
Source: www.litigationfutures.com
‘A judge will hear on Wednesday whether a deal has been agreed to avert a legal battle that would force the former RBS chairman Fred Goodwin to give evidence in the high court.’
The Guardian, 24th May 2017
Source: www.guardian.co.uk
‘Royal Bank of Scotland has made a last-ditch effort to avert a high-profile court case brought by thousands of investors who claim they were misled into buying the bank’s shares in the runup to its taxpayer bailout.’
The Guardian, 22nd May 2017
Source: www.guardian.co.uk
‘Last Friday the CAT handed down a judgment on the first ever-application for a collective proceedings order under the new regime introduced by the Consumer Rights Act 2015. The judgment will generally be welcomed by potential claimants, but it has a sting in the tail which may cause serious difficulties for class actions in other vertical infringement cases.’
Competition Bulletin from Blackstone Chambers, 6th April 2017
Source: www.competitionbulletin.com
‘More than 1,000 subpostmasters who claim they were wrongly accused of theft or false accounting could join a class action against the Post Office to clear their names.’
The Guardian, 9th April 2017
Source: www.guardian.co.uk
‘The Competition Appeal Tribunal (CAT) has rejected strenuous attempts to dismiss the first application to certify an opt-out class action under the new collective proceedings procedure.’
Litigation Futures, 5th April 2017
Source: www.litigationfutures.com
‘The term ‘a series of related matters or transactions’ in a professional indemnity (PI) insurance policy merely requires some inter-connection between the matters or transactions, and not an ‘intrinsic’ relationship, the UK’s highest court has ruled.’
OUT-LAW.com, 22nd March 2017
Source: www.out-law.com
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