‘Lawyers leading group litigation against British Airways have been told they cannot expect the defendant to pay the £1m costs of advertising for claimants if the action succeeds.’
Law Society's Gazette, 8th February 2021
Source: www.lawgazette.co.uk
‘Lawyers leading group litigation against British Airways have been told they cannot expect the defendant to pay the £1m costs of advertising for claimants if the action succeeds.’
Law Society's Gazette, 8th February 2021
Source: www.lawgazette.co.uk
‘On 11 December, in a long-awaited judgment (and in perhaps unique circumstances), the Supreme Court dismissed Mastercard’s appeal in the “gargantuan” collective action brought by Walter Merricks CBE. In doing so, the court has markedly lowered the bar to be applied at the certification stage for competition collective actions. This judgment will have a significant impact on collective actions – which are still in their relative infancy – for years to come. Merricks’ claim will now return to the Competition Appeal Tribunal (CAT), which will decide again (now with clear guidance from the Supreme Court) whether to certify the claim by granting a collective proceedings order (CPO).’
Law Society's Gazette, 11th January 2021
Source: www.lawgazette.co.uk
‘The big news from today’s UK Supreme Court collective action decision in Mastercard v Merricks [2020] UKSC 51 is not only that Mr Merricks won and defeated the appeal, but that the Supreme Court approached the issues in a far more claimant-friendly way than even the Court of Appeal had done.’
Competition Bulletin from Blackstone Chambers, 11th December 2020
Source: competitionbulletin.com
‘The Supreme Court’s ruling against Mastercard will make it easier for group damages claims to proceed to trial, commentators have said. However, the card issuer’s solicitors have stressed the “very unusual circumstances” of the judgment, in which justices were divided on key issues.’
Law Society's Gazette, 11th December 2020
Source: www.lawgazette.co.uk
‘The High Court has struck out claims brought by more than 200,000 Brazilian claimants in the English courts against British and Australian holding companies in relation to the collapse of the Fundao Dam in Brazil in 2015. In Municipo de Mariana v BHP Group PLC ([2020] EWHC 2930 (TCC)) Turner J found the claims to be an abuse of process and also considered that, in the alternative, the proceedings should be stayed under the Recast Brussels Regulation and on the basis of forum non conveniens. While Turner J emphasised that the factual background of this case was central to his conclusions, his judgment contains a detailed analysis of the relevant caselaw and his consideration of the facts surrounding the claim will no doubt be of interest to parties involved in similar cross-jurisdictional and group actions. Charles Gibson QC led the Counsel team for the Defendants.’
Henderson Chambers, 19th November 2020
Source: www.hendersonchambers.co.uk
‘Lawyers have begun legal action on behalf of 200 UK women against the makers of a sterilisation device, after claims of illness and pain.’
BBC News, 15th November 2020
Source: www.bbc.co.uk
‘The High Court has struck out a claim brought on behalf of more than 200,000 claimants over a dam collapse in Brazil, saying it risked becoming “the largest white elephant in the history of group actions”.’
Litigation Futures, 9th November 2020
Source: www.litigationfutures.com
‘With Baroness Hale’s recent criticism of the emergency measures taken by the government ringing in our ears, the following information from across the Atlantic might be of interest. The New England firm Pierce Atwood LLP has compiled a list of class actions related to COVID-19 in the United States, including all filed and anticipated cases up to 9 September 2020.’
UK Human Rights Blog, 23rd September 2020
Source: ukhumanrightsblog.com
‘The UK government is considering whether to allow non-profit organisations to make data protection regulatory complaints and bring court claims on behalf of individuals without their consent.’
OUT-LAW.com, 14th September 2020
Source: www.pinsentmasons.com
‘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”).’
UK Human Rights Blog, 28th July 2020
Source: ukhumanrightsblog.com
‘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.’
Litigation Futures, 25th June 2020
Source: www.litigationfutures.com
‘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.’
Litigation Futures, 26th June 2020
Source: www.litigationfutures.com
‘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.’
The Guardian, 25th June 2020
Source: www.theguardian.com
‘The Post Office prosecuted postmasters over missing money despite having evidence its own computer system could be to blame.’
BBC News, 8th June 2020
Source: www.bbc.co.uk
‘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.’
Doughty Street Chambers, 19th May 2020
Source: insights.doughtystreet.co.uk
‘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.’
Exchange Chambers, 22nd May 2020
Source: www.exchangechambers.co.uk
‘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.’
The Guardian, 12th May 2020
Source: www.theguardian.com
‘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).’
Six Pump Court, 24th April 2020
Source: www.6pumpcourt.co.uk
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