ArticleLitigation Funding And Access To JusticeStatistics from the Ministry of Justice demonstrate that between 2005 and 2018, government expenditure on legal aidUnited KingdomLitigation, Mediation & ArbitrationShepherd and Wedderburn
ArticlePutting The Carriage Into Reverse: The CAT Resolves To Determine A Carriage Dispute In ‘Opt-Out' Class Action Proceedings As A Preliminary IssueIn a break with the previous practice of the Competition Appeal Tribunal ("CAT"), the President of the CAT has recently decided that the resolution of a 'carriage' dispute...United KingdomLitigation, Mediation & ArbitrationMilbank
ArticleInsurance And Reinsurance Disputes Annual Review Of 2019We are pleased to share with you our Insurance and Reinsurance Disputes Annual Review of 2019, published today, which provides an overview and analysis of the key cases and developments affecting those engaged in ...United KingdomInsuranceHerbert Smith Freehills Kramer LLP
ArticleUK Consults On “swifter And Simpler” Competition Redress, Regulatory Appeals And Competition EnforcementThe UK government is consulting on a package of reforms to make the opt-out collective proceedings (CPO) regime, regulatory appeals and competition enforcement swifter and simpler. This follows a call for evidence last year on the CPO regime. The key proposals include: United KingdomAntitrust/Competition LawHerbert Smith Freehills Kramer LLP
ArticleUpsetting The Apple Cart: Another Class Action Against Apple Is Certified, As Challenges To The App Store's Business Model MountThe UK Competition Appeal Tribunal granted a class action order against Apple, allowing UK iOS developers to seek £785m in damages over allegedly excessive App Store commissions, echoing similar regulatory scrutiny across the UK and EU.United KingdomAntitrust/Competition LawMacfarlanes LLP
ArticleThird-Party Litigation Funding In England And Wales Post-PACCAR: Where Are We Now?The UK Civil Justice Council's interim report on third-party funding (TPF) signals potential regulatory reforms. Key themes include revisiting self-regulation, PACCAR implications, and funder roles in litigation settlements. Final recommendations are expected in summer 2025.United KingdomLitigation, Mediation & ArbitrationK&L Gates
ArticleLess Haste More Speed?In many ways, the UK's CPO regime has been a highly promising experiment in the privatisation of the enforcement of competition law. United KingdomAntitrust/Competition LawTravers Smith LLP
ArticleA Carriage To Nowhere: CAT Willing To Certify FX Class Action, But Only On An ‘Opt-In' BasisAt the end of March 2022, the UK Competition Appeal Tribunal (the "CAT") handed down a detailed and wide-ranging 255-page judgment in relation to two competing applications...United KingdomLitigation, Mediation & ArbitrationMilbank
ArticleUK Antitrust Collective Actions: Are The Floodgates Closing?So, the collective proceedings regime is now, so to say, fully embedded in the UK.United KingdomAntitrust/Competition LawNorton Rose Fulbright
ArticleSupreme Court Clarifies The Test For Determining Whether Collective Proceedings Should Be Brought On An Opt-out BasisIn a landmark judgment in the UK's collective proceedings regime, Evans (Respondent) v Barclays Bank Plc and others (Appellants), the Supreme Court has confirmed the test for determining whether to certify on an opt-out basis. United KingdomLitigation, Mediation & ArbitrationMacfarlanes LLP
ArticleMastercard Collective Action Not To Proceed – ImplicationsPotentially the biggest and most complex claim in British legal history, according to some commentators, the Competition Appeal TribunalUnited KingdomAntitrust/Competition LawClyde & Co
ArticleLloyd v Google UK Supreme Court Class Action Judgment — End Of The Road For Some, Open Door For OthersOn 10 November 2021, the Supreme Court dismissed the United Kingdom's first ever "opt-out" class action brought outside of the competition law sector, in Lloyd v Google LLC.United KingdomPrivacyAkin
ArticleClass/Collective Actions: The Importance Of Businesses Understanding Their Exposure2024 is shaping up to be another significant year for the UK's burgeoning class/collective action regimes. New developments in several areas means...United KingdomLitigation, Mediation & ArbitrationMayer Brown
ArticleAssessing The Impact Of Exclusion In Abuse Of Dominance CasesIn recent years, there have been numerous claims for damages following on from cartel findings. In contrast, claims for damages related to abuse of dominance...United KingdomAntitrust/Competition LawAlixPartners Asia LLC
ArticleUK Litigation - A Year In SummaryThis year saw the UK grapple with life after Brexit and, along with the rest of the world, the impact of the continued COVID-19 pandemic.United KingdomLitigation, Mediation & ArbitrationMorrison Foerster
ArticleSettling The Seas: Tribunal Approves Further Collective Settlements In RoRo Shipping Class ActionOn 15 January 2025, the Competition Appeal Tribunal (the Tribunal) handed down its judgment approving the second and third settlement agreements...United KingdomAntitrust/Competition LawMacfarlanes LLP
ArticleUnited Kingdom: Maturing CAT Collective Proceedings Process Sees Uptick In CasesThis article focuses on some of the issues at play in collective proceedings for competition damages in the United Kingdom, in particular the nature of the claim and thresholds for related pleadings...United KingdomAntitrust/Competition LawSheppard
ArticleA Class Act: Is England A New Battleground In High-Value Multi-Claimant Actions?Dechert has continued to follow recent developments in English law that have attracted mass tort and multi-claimant litigation.1 Since 2022, multi-claimant litigation in England has surged, particularly in proceedings...United KingdomLitigation, Mediation & ArbitrationDechert
ArticleWhich? Takes On Qualcomm With Claim For UK Consumers – A Guide To The Legal Challenges AheadWhich?, the UK consumer organisation, announced on 25 February that it is bringing a claim in the Competition Appeal Tribunal against chip manufacturer Qualcomm on behalf of UK purchasers.United KingdomAntitrust/Competition LawBristows LLP
ArticleUK Class Actions: Opt-in Or Opt-out?As reported in previous Client Alerts, there has recently been a flurry of Collective Proceedings Orders ("CPOs") in collective (class) actions for competition/antitrust claims...United KingdomLitigation, Mediation & ArbitrationMilbank