Case Comment: Travelers Insurance Company Ltd v XYZ [2019] UKSC 48 – UKSC Blog

‘Alaina Wadsworth, Ben Brown, Ed Foss and Thomas Pangbourne, who all work within the Insurance & Reinsurance Group at CMS, comment on the decision handed down by the UK Supreme Court on 30 October 2019, in the matter of Travelers Insurance Company Ltd v XYZ [2019] UKSC 48.’

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UKSC Blog, 11th November 2019

Source: ukscblog.com

Litigation funding agreements are not DBAs, tribunal rules – Litigation Futures

‘Agreements with third-party litigation funders are not damages-based agreements (DBAs), the Competition Appeal Tribunal has ruled.’

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Litigation Futures, 4th November 2019

Source: www.litigationfutures.com

New Judgment: Travelers Insurance Company Ltd v XYZ [2019] UKSC 48 – UKSC Blog

‘This appeal concerned who should pay the legal costs of 426 claimants who successfully sued a medical group for the supply of defective silicone breast implants. It allows the Supreme Court to review the principles concerning third-party costs orders. 426 uninsured claimants applied to the court for an order that Travelers pay their costs. The High Court and Court of Appeal held that Travelers be ordered to pay them, albeit for slightly different reasons. Travelers appealed to the Supreme Court.’

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UKSC Blog, 30th October 2019

Source: ukscblog.com

BAT faces landmark legal case over Malawi families’ poverty wages – The Guardian

‘Human rights lawyers are preparing to bring a landmark case against British American Tobacco on behalf of hundreds of children and their families forced by poverty wages to work in conditions of gruelling hard labour in the fields of Malawi.’

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The Guardian, 31st October 2019

Source: www.theguardian.com

Court of Appeal gives green light to consumer rights campaigner in 4 million person strong representative action against Google – Henderson Chambers

‘On 2 October 2019, the Court of Appeal, in a unanimous judgment given by Sir Geoffrey Vos, Chancellor of the High Court, upheld the Claimant’s appeal in the case of Richard Lloyd v Google LLC [2019] EWCA Civ 1599. The Court of Appeal reversed the decision of the court below and gave Mr Lloyd permission to serve Google LLC outside the jurisdiction (in the US), enabling him to proceed with his representative action. The class he represents is composed of an estimated 4 million Apple iPhone users. Any substantive judgment will prove interesting in demonstrating the role of representative and group actions in the space of consumer rights at the intersection of tech and information rights. Google LLC, however, has confirmed that it intends to appeal this procedural point to the Supreme Court.’

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Henderson Chambers, 7th October 2019

Source: www.hendersonchambers.co.uk

AQA could face class action suit from parents of children who were possibly given ‘incorrect’ grades – Daily Telegraph

‘The UK’s biggest exam board could face class action from parents, following revelations that answers were being “remarked” by the same examiners.’

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Daily Telegraph, 16th October 2019

Source: www.telegraph.co.uk

Supreme Court to hear Mastercard CPO appeal – Litigation Futures

Posted October 9th, 2019 in appeals, banking, class actions, EC law, fees, news, Supreme Court by sally

‘The Supreme Court has granted Mastercard permission to appeal against the Court of Appeal ruling that kept the massive £14bn class action over interchange fees alive.’

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Litigation Futures, 8th October 2019

Source: www.litigationfutures.com

Browser Generated Information: “loss of control” entitles search engine users to compensation – UK Human Rights Blog

‘Richard Lloyd v. Google LLC [2019] EWCA Civ 1599. The Court of Appeal has ruled that a claimant can recover damages for loss of control of their data under section 13 of Data Protection Act 1998 without proving pecuniary loss or distress. The first instance judge, Warby J, had dismissed Mr Lloyd’s application for permission to serve Google outside the jurisdiction in the USA, so preventing the claim getting under way.’

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UK Human Rights Blog, 4th October 2019

Source: ukhumanrightsblog.com

Merricks v Mastercard: £14bn appeal to be heard by Supreme Court – Law Society’s Gazette

‘The Supreme Court will rule on a landmark case that will test the standards applied to a Collective Proceedings Order in a major competition claim. Permission has been granted for the defendant in Merricks v Mastercard Incorporated & Anor to bring its appeal against a Court of Appeal ruling from April this year.’

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Law Society's Gazette, 4th October 2019

Source: www.lawgazette.co.uk

Google ‘tracking iPhone users’ case goes ahead – BBC News

‘Legal action brought against Google for allegedly tracking the personal data of four million iPhone users can go ahead in the UK, three judges have ruled.’

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BBC News, 2nd October 2019

Source: www.bbc.co.uk

Lawyers accuse BA of ‘swerving responsibility’ for data breach after time limit is imposed for compensation claims – Daily Telegraph

‘British Airways has been accused of “swerving responsibility” for a massive data breach by trying to limit compensation payouts for victims, lawyers claim.’

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Daily Telegraph, 12th September 2019

Source: www.telegraph.co.uk

Public sector to launch ‘mass legal battle’ over pension reforms – The Guardian

‘Mass legal claims on behalf of teachers and doctors alleging that changes to their pensions in 2015 were discriminatory are being launched against the government.’

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The Guardian, 27th August 2019

Source: www.theguardian.com

Social media abuse victims must have legal right to sue tech giants, children’s charities say – Daily Telegraph

Posted July 3rd, 2019 in child abuse, class actions, internet, news, sexual grooming by sally

‘Social media abuse victims must have the right to sue tech giants enshrined in a new law, children’s charities have said.’

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Daily Telegraph, 1st July 2019

Source: www.telegraph.co.uk

Appeal throws out Post Office bid to replace judge – Law Society’s Gazette

Posted May 15th, 2019 in appeals, bias, class actions, damages, judges, news, postal service, recusal by sally

‘In a scathing 17-page judgment, the Court of Appeal has thrown out an attempt by the Post Office to appeal a judge’s refusal to recuse himself from group litigation on the grounds of bias. Ruling in Post Office Limited v Alan Bates & Ors, the Rt. Hon. Lord Justice Coulson said that the recusal application ‘never had any substance and was rightly rejected by the judge’.’

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Law Society's Gazette, 14th May 2019

Source: www.lawgazette.co.uk

Liverpool judge refuses to move huge claim to London – Litigation Futures

‘The High Court in Liverpool has refused to transfer one of the biggest claims ever filed in this country to the Rolls Building in London.’

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Litigation Futures, 24th April 2019

Source: www.litigationfutures.com

Merricks v MasterCard: Collective Actions Reinvigorated – Competition Bulletin from Blackstone Chambers

Posted April 17th, 2019 in class actions, competition, consumer credit, consumer protection, news by tracey

‘The Court of Appeal today gave its much-anticipated judgment in the application to bring collective proceedings against MasterCard: see Merricks v MasterCard Incorporated and others [2019] EWCA Civ 674. It is a major victory for the Applicant and will reinvigorate the collective proceedings regime, which has seen disappointingly few cases brought since its introduction in 2015.’

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Competition Bulletin from Blackstone Chambers, 16th April 2019

Source: competitionbulletin.com

Mastercard ruling: almost every UK adult could receive payout – The Guardian

Posted April 17th, 2019 in class actions, competition, consumer credit, consumer protection, news by tracey

‘Almost every adult in the UK could receive a payout of up to £300 from Mastercard after a court ruling paved the way for a £14bn class action lawsuit.’

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The Guardian, 16th April 2019

Source: www.theguardian.com

Court of Appeal discharges injunction banning firm from VW group action – Law Society’s Gazette

‘The Court of Appeal has allowed an appeal by group action specialists Harcus Sinclair challenging the enforceability of a non-disclosure agreement it entered into with a Derbyshire firm regarding the Volkswagen group litigation.’

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Law Society's Gazette, 6th March 2019

Source: www.lawgazette.co.uk

High Court allows more time for steelworker claims – Litigation Futures

‘The High Court has given the personal representatives of deceased steelworkers more time to register their compensation claims under a group litigation order (GLO).’

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Litigation Futures, 7th February 2019

Source: www.litigationfutures.com

Court allows ‘indulgence’ of adding group claims after deadline – Law Society’s Gazette

Posted February 6th, 2019 in class actions, industrial injuries, news, personal injuries, time limits by tracey

‘The High Court has allowed what it called the “indulgence” of allowing an extra 20 industrial disease cases into a group litigation order – two months after the already-extended deadline for registration had passed.’

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Law Society's Gazette, 5th February 2019

Source: www.lawgazette.co.uk