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ARTICLE · 15 APRIL 2024

Hunter V Hammond - CAT Determines Carriage Dispute As A Preliminary Issue

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On 5 February 2024, for the first time, the Competition Appeal Tribunal decided on a "carriage dispute", between two competing proposed class representatives, as a preliminary issue independent of certification.

United KingdomAntitrust/Competition Law
Barney Stannard
Barney Stannard
Imogen Nolan
Imogen Nolan
David George-Carey
David George-Carey
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On 5 February 2024, for the first time, the Competition Appeal Tribunal (the "CAT") decided on a "carriage dispute", between two competing proposed class representatives ("PCRs"), as a preliminary issue independent of certification.1 The CAT made clear that unless there are special reasons why the carriage and certification issues should be heard together, deciding carriage disputes as a preliminary issue will be the preferred and automatic approach going forward. In its judgment, the CAT also provided helpful guidance on how such carriage disputes are to be determined in future cases.

Background

The two PCRs, Ms Julie Hunter and Mr Robert Hammond, each filed applications for an opt-out collective proceedings order ("CPO"). Ms Hunter's application was filed on 15 November 2022 and Mr Hammond's on 7 June 2023 (the claim periods and the amounts being claimed by each PCR differ). Both applications involve stand-alone claims which allege abuse of a dominant

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