Supply chain risk: England not appropriate forum for ESG-related claims against Dyson relating to actions of Malaysian manufacturer

The High Court has declined to exercise jurisdiction over claims brought by migrant workers against English and Malaysian companies in the Dyson group regarding alleged abusive employment practices by one of Dyson’s suppliers in Malaysia: Limbu v Dyson Technology Ltd [2023] EWHC 2592 (KB). For some time, large multinational corporations have faced claims brought by … Read more

Government proposes legislation to permit funder DBAs in opt-out competition class actions

The government has tabled an amendment to the Digital Markets, Competition and Consumers Bill to allow the use of damages-based agreements (DBAs) with litigation funders in opt-out collective proceedings in the Competition Appeal Tribunal (CAT). DBAs with solicitors and barristers would still be prohibited for such actions. The amendment is a response to the high-profile … Read more

Climate disputes – Parent company and supply chain risk

In recent decades, there has been a marked increase in the number of actions brought in the UK and elsewhere based on alleged environmental and human rights-based failings by large multinational corporations. As these claims have developed in the English courts, the typical model is for groups of foreign claimants to allege a UK-domiciled company … Read more

Court of Appeal rejects second major attempt at a climate-related derivative action

In July 2023, the Court of Appeal dismissed an application by members of a pension scheme to bring a derivative action against the directors of the scheme’s trustee company. The court also made it clear that derivative actions are not appropriate when direct challenges are available: McGaughey & Anor v Universities Superannuation Scheme Limited [2023] EWCA … Read more

Global perspectives on climate disputes – A recent history of shareholder claims

Recent years have shown a rise in activist shareholders striving to shape corporate conduct around ESG matters, particularly climate change. Institutional investors are increasingly backing such initiatives, driven by the need to showcase their ESG commitments, fulfil investment strategies and reduce risk associated with their investment labels. In England and Wales, shareholder activism has traditionally taken … Read more

Coming to Life – Germany ushers in EU class actions directive

The Consumer Rights Enforcement Act (Verbraucherrechtedurchsetzungsgesetz) (VDuG) came into force in Germany on 13 October 2023, completing the long overdue implementation of the EU Representative Actions Directive. The VDuG introduces a new class action which, for the first time in Germany, allows consumers to pursue damages claims against companies. The VDuG contains significant amendments compared … Read more

Class Actions in England and Wales podcast series: Episode 8 – Employment

In this podcast, Andrew Taggart, Jenny Andrews, Sian McKinley and Maura McIntosh discuss the types of dispute that are most frequently brought as employment class actions, the procedures that apply, and the strategic challenges and issues that arise for those defending such claims. The presenters are all authors of Class Actions in England and Wales, a textbook … Read more