United Kingdom: Class Actions

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Article
A Criminal Resolution Is Not A Global Conclusion
British American Tobacco's $1.1 billion settlement with US authorities over North Korean sanctions violations appeared to close one chapter, but opened another as the company now faces multibillion-pound shareholder litigation in London and terrorism-related civil claims. This case illustrates how multinational corporations must carefully navigate the collateral consequences of government enforcement resolutions, as admissions made to one jurisdiction can fuel derivative litigation across multiple forums an
United Kingdom Criminal
B
Bracewell
Article
Group Litigation Orders: Supreme Court Clarifies When Courts May Order That A Judgment On A GLO Issue Is Not Binding On Other Parties Due To A Subsequent Change In The Law
The Supreme Court has clarified the circumstances in which courts may order that a judgment on a Group Litigation Order (GLO) issue is not binding on other parties when there has been a subsequent change in the law. The decision establishes that such orders should only be made in rare cases where it has been clearly established that the legal basis for the test case decision was wrong...
United Kingdom Litigation
KL
Herbert Smith Freehills Kramer LLP
Article
You Can’t Take Something For Nothing: Court Of Appeal Allows Class Representative To Pursue User Damages In Competition Claims
The Court of Appeal has rejected Meta's challenge to Dr Liza Lovdahl Gormsen's amendment of her pleadings to include a claim for 'user damages' in a competition law case concerning Facebook's collection of personal data. This decision opens up another potential claim against tech companies for alleged misuse of consumer data, with the question of whether such damages will be awarded to be decided at trial in October 2028.
United Kingdom Anti-trust
M
Macfarlanes LLP
Article
Supreme Court Provides Welcome Guidance On Collective Proceedings As CAT And Court Of Appeal At Odds
The UK Supreme Court's decision in Evans v Barclays Bank clarifies critical distinctions between opt-in and opt-out collective proceedings, establishing that claim strength is a relevant factor in certification decisions and that opt-in should be the starting point. The judgment addresses the weight to be given to regulatory decisions, the balance between access to justice and defendants' rights, and the practical considerations that should guide the Competition Appeal Tribunal's certification process.
United Kingdom Anti-trust
AP
Arnold & Porter
Article
Competition Appeal Tribunal’s Collective Settlement Distribution Ruling Upheld Following Funder’s Judicial Review
The High Court has rejected a judicial review challenge by litigation funder Innsworth Capital against the Competition Appeal Tribunal's distribution of settlement proceeds in the landmark Merricks v Mastercard collective proceedings. The case raises fundamental questions about how settlement funds should be allocated between class members and litigation funders, and the extent to which the Tribunal can override contractual funding arrangements to protect class interests.
United Kingdom Litigation
M
Macfarlanes LLP
Article
Law Commission To Consider Introduction Of Opt-out Consumer Class Actions Regime
The Law Commission has initiated a comprehensive project to evaluate whether consumer law enforcement could be enhanced through a new class actions regime. This review will examine the potential benefits and risks of introducing opt-out collective proceedings for consumer protection claims, building on previous unsuccessful legislative attempts during the Digital Markets, Competition and Consumer Act 2024.
United Kingdom Consumer
KL
Herbert Smith Freehills Kramer LLP
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