Category: class actions

Barclays Bank plc v Various Claimants: further blurring boundaries in employment status? – by Anna Williams – UK Human Rights Blog

Posted July 29th, 2020 in appeals, class actions, compensation, contracting out, employment, news, sexual offences, Supreme Court, vicarious liability by tracey

‘In a judgment handed down on 1 April 2020, the Supreme Court reversed the decisions of Nicola Davies J (as she then was) and a unanimous Court of Appeal, allowing the appeal on the ground that no vicarious liability can lie for the acts of an independent contractor: Barclays Bank plc v Various Claimants (“Barclays”).’

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UK Human Rights Blog, 28th July 2020

Source: ukhumanrightsblog.com

Iraq veterans urged to join group action against MoD – Litigation Futures

Posted June 30th, 2020 in armed forces, class actions, duty of care, government departments, Iraq, law firms, ministers' powers and duties, news by sally

‘Claims on behalf of British soldiers falsely accused of brutality and abuses against Iraqi civilians have added to this week’s rush of group actions.’

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Litigation Futures, 25th June 2020

Source: www.litigationfutures.com

Women launch group action over mesh implants – Litigation Futures

Posted June 26th, 2020 in class actions, compensation, damages, medical treatment, negligence, news, personal injuries, psychiatric damage by sally

‘Another group action has gone live this week, with more than 250 women left permanently injured by mesh implant surgery suing a group of pharmaceutical giants.’

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Litigation Futures, 26th June 2020

Source: www.litigationfutures.com

Over £46m paid to survivors of abuse at Lambeth children’s homes – The Guardian

Posted June 26th, 2020 in care homes, child abuse, children, class actions, compensation, local government, London, news, sexual offences, social services by sally

‘A survivors’ group has secured a total of more than £46m compensation for 1,340 people who suffered “horrific” abuse in children’s care homes that were infiltrated by paedophiles over several decades.’

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The Guardian, 25th June 2020

Source: www.theguardian.com

Postmasters were prosecuted using unreliable evidence – BBC News

Posted June 8th, 2020 in class actions, compensation, computer programs, disciplinary procedures, disclosure, employment, evidence, inquiries, miscarriage of justice, news, postal service, prosecutions, select committees by sally

‘The Post Office prosecuted postmasters over missing money despite having evidence its own computer system could be to blame.’

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BBC News, 8th June 2020

Source: www.bbc.co.uk

Group litigation – taking the lead – Doughty Street Chambers

Posted June 4th, 2020 in class actions, legal representation, news, personal injuries, solicitors by sally

‘Dominic Lis Waniso Lungowe & ors v Vedanta Resources PLC & anor [2020] EWHC 749 (TCC) gives important guidance on the position and role of lead solicitors in group litigation. It highlights the need for careful written arrangements setting out the relationship between lead and other solicitors and their respective responsibilities.’

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Doughty Street Chambers, 19th May 2020

Source: insights.doughtystreet.co.uk

Supreme Court hears argument on whether £14 billion consumer competition class action should proceed against Mastercard – Exchange Chambers

Posted June 4th, 2020 in class actions, competition, consumer protection, fees, news, Supreme Court by sally

‘The Supreme Court last week heard Mastercard’s appeal seeking to prevent a proposed class action on behalf of 46 million consumers valued at £14 billion from proceeding against it. The case is interesting not merely from the perspective of whether the “juggernaut” of a claim should proceed against Mastercard but also because of its impact on other competition law class actions waiting in the wings and its influence more generally on how the fledgling competition law class action regime will develop in the UK.’

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Exchange Chambers, 22nd May 2020

Source: www.exchangechambers.co.uk

Chagos islanders’ exile is ongoing breach of human rights, court told – The Guardian

Posted May 13th, 2020 in appeals, Chagos Islands, class actions, colonies, compensation, human rights, news by sally

‘Denying exiled Chagos islanders the right to return to their homes on the Indian Ocean archipelago is a continuing breach of their human rights and not just a historical injustice, the court of appeal has been told.’

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The Guardian, 12th May 2020

Source: www.theguardian.com

Frankenstein’s monster, group litigation and solicitor disputes – Six Pump Court

Posted April 28th, 2020 in case management, class actions, competition, news, solicitors by sally

‘This short article looks at some of the lessons which can be learnt from disputes between solicitors wanting to be active in key roles in group litigation, in particular from the recent TCC decision in Lungowe v. Vedanta (27 March 2020).’

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Six Pump Court, 24th April 2020

Source: www.6pumpcourt.co.uk

Hearing in biggest ever group litigation to go ahead remotely – Law Society’s Gazette

Posted April 27th, 2020 in causation, class actions, coronavirus, damages, delay, jurisdiction, news, remote hearings, stay of proceedings by sally

‘The High Court has ruled that a hearing related to the biggest class action in history can go ahead remotely, in another sign of judges’ acceptance of a new default position during the coronavirus crisis.’

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Law Society's Gazette, 22nd April 2020

Source: www.lawgazette.co.uk

Vicarious Liability: whose liability is it anyway? – 4 New Square

Posted April 24th, 2020 in class actions, damages, data protection, employment, news, sexual offences, Supreme Court, vicarious liability by sally

‘On 1 April 2020 the Supreme Court handed down judgment in Barclays Bank plc v Various Claimants [2020] UKSC 13 (“Barclays”) and MW Morrison Supermarkets plc v Various Claimants [2020] UKSC 12 (“Morrison”) – the latest in the recent line of cases focussed on the nature, scope and development of the doctrine of vicarious liability.’

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4 New Square, 20th April 2020

Source: www.4newsquare.com

Case Comment: Barclays Bank Plc v Various Claimants [2020] UKSC 13 – UKSC Blog

Posted April 21st, 2020 in appeals, class actions, compensation, doctors, employment, news, sexual offences, Supreme Court, vicarious liability by sally

‘Alaina Wadsworth, Chris Horsefield and Ben Brown, who all work within the Insurance & Reinsurance Group at CMS, comment on the decision handed down by the UK Supreme Court earlier this month, in the matter of Barclays Bank Plc v Various Claimants [2020] UKSC 13.’

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UKSC Blog, 20th April 2020

Source: ukscblog.com

Crossley & Ors v Volkswagen Aktiengesellschaft (the “VW NOx Emissions Group Litigation”) – Blackstone Chambers

Posted April 16th, 2020 in abuse of process, chambers articles, class actions, climate change, EC law, environmental protection, news, sale of goods by sally

‘The High Court has today handed down judgment in the VW NOx Emissions Group Litigation – the class action arising out of what is often described as the ‘emissions scandal’. Following a two-week trial of two preliminary issues, Mr Justice Waksman has found that the controversial engine software function amounts to a ‘defeat device’ for the purpose of EU law, and that previous findings of the relevant German authorities were binding on the High Court in that respect.’

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Blackstone Chambers, 6th April 2020

Source: www.blackstonechambers.com

Vicarious liability — the new boundary dispute – UK Human Rights Blog

Posted April 7th, 2020 in appeals, banking, class actions, damages, doctors, employment, human rights, news, professional conduct, sexual offences, Supreme Court, vicarious liability by sally

‘In the Christian Brothers case Lord Phillips of famously declared that “the law of vicarious liability is on the move”. The recent decision of the Supreme Court in Barclays Bank v. Various Claimants [2020] UKSC 13 has brought that movement to a juddering halt. The question posed by the appeal was a simple one. Is it possible to be vicariously liable for the acts of a self-employed ‘independent contractor’? The answer the Court gave in this case was ‘no’.’

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UK Human Rights Blog, 3rd April 2020

Source: ukhumanrightsblog.com

UK drivers win first round in VW ‘dieselgate’ case – BBC News

Posted April 7th, 2020 in class actions, climate change, compensation, consumer protection, EC law, environmental protection, news, road traffic by sally

‘Thousands of UK motorists have won the first stage of a High Court action against Volkswagen over the installation of emissions cheating devices in its diesel vehicles.’

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BBC News, 6th April 2020

Source: www.bbc.co.uk

New Judgment: Barclays Bank Plc v Various Claimants [2020] UKSC 13 – UKSC Blog

Posted April 6th, 2020 in appeals, banking, class actions, damages, doctors, employment, news, sexual offences, Supreme Court, vicarious liability by sally

‘In this appeal, the Supreme Court is asked to decide whether Barclays Bank is vicariously liable for sexual assaults allegedly committed between 1968 and about 1984 by the late Dr Gordon Bates. Dr Bates was a self-employed medical practitioner with a portfolio practice. His work included conducting medical assessments and examinations of prospective Barclays employees. Barclays required job applicants to pass a pre-employment medical examination as part of its recruitment and employment procedures.’

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UKSC Blog, 1st April 2020

Source: ukscblog.com

BAME Workers’ Legal Bid Over ‘Inferior’ Pay And Terms Could Affect Millions – Each Other

Posted February 24th, 2020 in class actions, contracting out, employment, equality, news, race discrimination, remuneration by sally

‘A “landmark” legal case could determine whether the use of outsourcing firms to employ black and minority ethnic (BAME) workers on “inferior” pay and conditions is discriminatory.’

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Each Other, 21st February 2020

Source: eachother.org.uk

Banking litigators eye disputes from LIBOR change – Litigation Futures

Posted January 8th, 2020 in banking, class actions, contracts, interest, news, shareholders by sally

‘The replacement of LIBOR and the growth in class actions are set to come to the fore for banking litigators, according to specialist solicitors.’

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Litigation Futures, 7th January 2020

Source: www.litigationfutures.com

CAT gives truck buyers green light to pursue costs – Litigation Futures

Posted January 8th, 2020 in appeals, class actions, competition, costs, news, transport, tribunals by sally

‘The Competition Appeal Tribunal (CAT) has given the claimants in the truck cartel litigation the green light to move forward without delay to a detailed assessment of the costs of a preliminary hearing given the two sides’ contrasting financial resources.’

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Litigation Futures, 8th January 2020

Source: www.litigationfutures.com

Post Office settles mammoth group action – Law Society’s Gazette

Posted December 11th, 2019 in class actions, dispute resolution, news, postal service by tracey

‘TThe epic Bates v Post Office group litigation, which has dragged on for over three years, has been settled, the parties announced today with the Post Office admitting “we got things wrong in our dealings with a number of postmasters”. The surprise announcement was made days before judgment in the so-called the “Horizon trial” – the second trial in the class action – was due to be delivered.’

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Law Society's Gazette, 11th December 2019

Source: www.lawgazette.co.uk