Collective actions

Survival of the first UK competition class action – at least for the moment

Last Friday (31 March), the Competition Appeal Tribunal (CAT) allowed the first 'class action' brought under the new competition law collective redress regime to continue, at least for now. This is a follow-on claim seeking damages on an opt-out basis … Continue reading

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Another successful challenge to jurisdiction of English court to hear claims against English domiciled parent companies in relation to acts of subsidiaries abroad

The High Court has struck out a claim against a UK incorporated parent company and set aside permission to serve a claim form out of the jurisdiction on its Kenyan domiciled subsidiary: AAA & Ors v Unilever Plc & Anor … Continue reading

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Filed under Collective actions, Jurisdiction, Tort

Successful challenge to English court jurisdiction over claims against UK domiciled parent company in relation to acts of subsidiary abroad

Two companies in the Shell group (domiciled in the UK and Nigeria respectively) have successfully challenged the jurisdiction of the English court to hear claims against them relating to alleged pollution in the Niger Delta in Nigeria: Okpabi and others … Continue reading

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Filed under Collective actions, Jurisdiction, Tort

Court of Appeal decision confirms high threshold for fraud requirement in a common law derivative action in the LLP context

A recent Court of Appeal decision provides a useful reminder of the limited scope of the exceptions to the rule in Foss v Harbottle in common law derivative actions, which continue to apply to limited liability partnerships (LLPs) as they are … Continue reading

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Filed under Collective actions, Miscellaneous

Court refuses permission for derivative action to proceed following risk/benefit analysis

The High Court has refused permission for two members of a company to continue a derivative action despite there being (at least) a prima facie case against one of the company's directors. The court conducted a risk/benefit analysis and concluded … Continue reading

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Filed under Collective actions, Miscellaneous

Judgment handed down in long-running class action regarding the Ocensa pipeline in Colombia

In a recent decision, the High Court has rejected claims by a group of Colombian Farmers in relation to the construction of the Ocensa pipeline in Colombia during the mid-1990s: Pedro Emiro Florez Arroyo and others v Equion Energia Limited … Continue reading

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First competition law class action issued in the CAT

On 21 June 2016 the Competition Appeal Tribunal (CAT) published details of the first application to bring a class action under the UK's controversial new competition law collective proceedings regime. The regime was introduced in October 2015 (see here) and … Continue reading

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High Court allows group claim to proceed against UK-domiciled parent company in relation to acts of subsidiary company abroad

The High Court has rejected jurisdiction challenges by a UK-domiciled company and its Zambian-domiciled subsidiary, allowing a group claim brought by 1,826 Zambian villagers in respect of alleged environmental pollution in Zambia to proceed against both companies: Lungowe & others … Continue reading

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Class actions are going global: Is your business ready?

Companies across the globe are increasingly facing the risk of class action litigation, with some finding themselves unprepared when a claim is lodged. We have today launched a new Globalisation of Class Actions hub to keep Herbert Smith Freehills clients and contacts … Continue reading

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Filed under Announcements, Collective actions

New “opt-out” class action for competition claims

As part of a major overhaul of the competition litigation regime in the UK, a new collective redress regime for competition claims will be introduced from 1 October 2015. It will allow collective proceedings to┬ábe brought in the Competition Appeal … Continue reading

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