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The English High Court offers limited routes to bring “opt-out” group claims but, in recent years, funded claimants have attempted to bring representative actions under CPR 19.8 at a notable rate. The rule has been available,...more
With the rise of litigation funding of group actions, there has been an increasing use of representative actions by Claimants in recent years. In turn, Defendants are challenging this and the Courts are scrutinising cases in...more
As collective redress actions rise, sponsor and corporate statements are under high scrutiny, with an industry developing to take advantage....more
As we have explored in our Class Actions series, the popularity of mass claims in the English courts continues to grow. Such claims represent a substantial threat to financial institutions but, at the same time, we are also...more
In the first certification decision since the UK Supreme Court’s judgment in PACCAR, the CAT has held that a litigation funding agreement (LFA) revised in light of PACCAR was not a damages-based agreement (DBA) and it was...more
There are various ways in the English High Court to bring a claim, including as a group or representative action. Historically they have been underused but that is changing. Businesses are becoming increasingly interested in...more
Class actions have been a feature of the litigation landscape in the USA for decades. Claimant-friendly procedures combined with an aggressive and well-funded plaintiffs’ bar have created fertile ground for these large,...more
The Supreme Court’s decision in R (on the application of PACCAR Inc and others) (Appellants) v Competition Appeal Tribunal and others (Respondents) [2023] UKSC 28 has caused a stir in the legal industry, leaving a number of...more
While group litigation and collective actions have traditionally been more difficult to pursue in the UK than in the U.S., changes to UK civil procedure rules and societal attitudes towards group ligation means that these...more
Key Takeaways - The United Kingdom’s Competition Appeal Tribunal (CAT) recently granted the U.K.’s first ever Collective Proceeding Order (CPO), on an “opt-out” basis, in Walter Hugh Merricks CBE v Mastercard Incorporated &...more
The English Courts have reignited the prospects of a £14 billion class action against Mastercard. In a much anticipated ruling, on 16 April 2019, the Court of Appeal of England and Wales (the Court) granted an appeal by...more