Litigation Notes

Competition class actions: First case to go to trial ends in failure

Judgment in Le Patourel v BT is first test of collective proceedings regime, but may do little to decrease funders' appetites to invest.

Data class actions: Court of Appeal upholds decision blocking "opt-out" representative action for misuse of private information

Court of Appeal finds claimants cannot be forced to pursue claims for environmental damage as "global claims"

Group litigation orders: Court of Appeal considers binding effect of decisions in test cases

High Court finds companies can assert privilege against their shareholders

Commercial litigation podcast series – Episode 28: General update

High Court rejects "price/market reliance" for s.90A and Schedule 10A FSMA claims

This decision is likely to place a significant limit on s.90A/Schedule 10A FSMA claims by "passive" investors who do not actively manage their investment …

Class Actions radar: Scanning global trends and risks

Representative actions under CPR 19.8: Settlement means key questions on funding and damages will have to wait

Commercial litigation podcast series – Episode 27: General update

Representative actions under CPR 19.8: High Court strikes out claim for compensation on behalf of passengers in 116,000 delayed or cancelled flights

Competition Appeal Tribunal considers when funders can be paid out of agreed damages following settlement of collective proceedings

The Competition Appeal Tribunal ("CAT") has held that the class representative in the ongoing "Maritime Car …