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Class Action UK Competition Appeal Tribunal (CAT) United Kingdom

A class action is a type of legal action where a representative individual or group of individuals can bring a claim on behalf of a larger group or class who share a common legal interest.
BCLP

Claim To Fame - Mass Litigation: what key trends should financial services firms be aware of in 2024?

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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

Skadden, Arps, Slate, Meagher & Flom LLP

Fierce Competition Podcast | Letter From London: The Rise of UK Class Actions and the Competition Appeal Tribunal

This episode of our “Fierce Competition“ podcast looks at trends across the pond in class actions in the U.K. and focuses on the country’s new tribunal that was created specifically to hear class actions....more

BCLP

After PACCAR: a New Approach to Funding Collective Proceedings in the CAT

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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

BCLP

Unsettled Settlement: Resolving Collective Actions in the Competition Appeal Tribunal

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Generally, claims in the UK (including class actions) can be settled without court approval. Settlement is particularly important in competition damages claims, given the complexity, uncertainty and cost of litigating these...more

BCLP

PACCAR: a new direction for the funding of class actions?

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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

BCLP

Certification of Collective Actions in the CAT

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To bring a collective competition action in the Competition Appeal Tribunal (“CAT”), a proposed class representative first has to have their claim certified by the CAT. The CAT’s approach to certification is therefore an...more

BCLP

Counting the costs of certification: the allocation of costs in collective proceedings

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Costs matter - in collective proceedings, where costs can be staggeringly high at the certification stage alone, costs allocation can be an important factor influencing parties’ litigation conduct. However, costs...more

Skadden, Arps, Slate, Meagher & Flom LLP

UK Class Actions: FX Decision Shows That the CAT Is Willing To Strike Out Poorly Pleaded Claims and Deny Opt-Out Certification

The CAT is willing to consider strike-out seriously at the certification stage. The CAT considered striking out the claims of its own motion, and warned the proposed class representatives that they should consider...more

Epiq

Competition Class Action Moves Forward in UK

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Historically, class action lawsuits were primarily tied to the U.S. With the exceptions of Canada, Australia, and a few others, most countries around the globe did not embrace this legal recovery mechanism as freely and...more

Skadden, Arps, Slate, Meagher & Flom LLP

UK Class Actions Update: Merricks Secures Uncontested CPO, But the Competition Appeal Tribunal Shows It Retains Significant Teeth...

After protracted challenges to class certification status, in Merricks v Mastercard the U.K. Competition Appeal Tribunal (CAT) granted its first collective proceedings order (CPO). The claim remains huge, comprising 46.2...more

Akin Gump Strauss Hauer & Feld LLP

Merricks v Mastercard: U.K. Competition Appeal Tribunal Gives Green Light for First Ever ‘Opt-out’ Class Action

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

BCLP

Certified Progress for the UK’s Collective Actions Regime - the First Opt-Out Class Action has been Approved

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This week has seen a major breakthrough in the UK’s fledgling class action regime, which brought opt-out collective proceedings to the UK for the first time back in 2015. The first opt-out collective action has now been...more

Alston & Bird

Across the Horizon: Growing Class Action Risks in the UK and EU

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Class actions aren’t just for U.S. courts anymore. Our Litigation Group explores the potential for transatlantic class action liability and the growth of collective redress throughout the UK and EU....more

Skadden, Arps, Slate, Meagher & Flom LLP

Merricks v Mastercard – UK Supreme Court Clarifies Low Bar for Class Action Certification

On 11 December 2020, the U.K. Supreme Court (the Court) handed down its much-awaited ruling in Merricks v Mastercard, dismissing Mastercard’s appeal against the English Court of Appeal’s April 2019 decision in a 3-2 ruling....more

Morrison & Foerster LLP

UK Opt-Out Class Actions – A New (Anti) Competitive Landscape

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On 11 December 2020, the UK Supreme Court handed down its highly anticipated judgment in the case of Mastercard v Merricks. The case concerned the certification procedure for US-style ‘opt-out’ collective (class action)...more

A&O Shearman

Top finance litigation and contract law developments in 2019

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This is a round-up of the most interesting finance litigation and contractual developments in 2019. The selection is necessarily subjective and draws from a wide range of cases and developments that are of direct relevance to...more

A&O Shearman

Blow to applicants in UK class actions as MasterCard wins right to appeal

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The UK class action regime must take a break whilst the Supreme Court (UKSC) hears the appeal in Merricks v MasterCard concerning the proper approach to certification of a class action....more

Hogan Lovells

Legal and Financial Risk Newsletter – May 2019

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UK class actions revived? The Court of Appeal breathes life into Merricks' £14 billion claim against MasterCard - The Court of Appeal has allowed Walter Merricks' appeal of the Competition Appeal Tribunal's (the "CAT")...more

Faegre Drinker Biddle & Reath LLP

What MasterCard's Victory Means for the Future of U.K. Class Actions

Heralded as the new dawn for private competition litigation, the Consumer Rights Act 2015 introduced a procedural mechanism for collective proceedings — “class actions” — in the U.K. However, to date, only two applications...more

K&L Gates LLP

Competition Appeal Tribunal Blocks Class Action Against MasterCard

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In one of the first decisions of its kind, the Competition Appeal Tribunal (“CAT”) has blocked a group of claimants from pursuing a £14 billion “collective action” against MasterCard, in a significant blow to the feasibility...more

McGuireWoods LLP

The Advance of UK Antitrust Class Actions

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Brussels-based antitrust partner Matthew Hall brings us an update on two ongoing UK antitrust class actions and one on the horizon. Antitrust class actions in the UK are beginning to take hold before the specialist...more

A&O Shearman

New competition class action regime off to a slow start

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The first ever application to create a class action under the Consumer Rights Act 2015 regime, in relation to anti-competitive conduct in the mobility scooter market, has been adjourned following faults found with the...more

McGuireWoods LLP

UK Antitrust Class Actions Start to Get Going

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Brussels Antitrust/Competition partner (and English lawyer) Matthew Hall brings us an update on antitrust class actions filed under new procedures in the UK. Antitrust class actions in the UK are beginning to take hold...more

Patterson Belknap Webb & Tyler LLP

First Opt-Out Class Action Underway In The United Kingdom

On June 21, 2016, the United Kingdom Competition Appeal Tribunal (the “Tribunal”) published notice of an application to commence collective proceedings under Section 47B of the UK’s competition act. If this action continues,...more

McGuireWoods LLP

In On the Act: First Antitrust Class Action Launched in the UK

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Much ink and conference time have been spent discussing it, but now we have a real example of an antitrust class action in the UK. This is the first under the 2015 rules allowing such claims, Schedule 8 of the Consumer...more

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