Article published – Class action test cases: selection and strategy

In the High Court’s recent decision in Lancaster and others v Peacock QC [2020] EWHC 1231 (Ch), the court has taken the rare step of commenting on how test cases should be selected in group litigation. Alan Watts and Maura McIntosh have published an article in PLC Magazine which considers the decision and its implications for class action … Read more

Lloyds/HBOS litigation: judgment on costs and permission to appeal

The High Court has handed down judgment on costs issues and an application for permission to appeal, following on from the court’s rejection last year of the claims brought against Lloyds in a shareholder class action relating to its acquisition of HBOS in 2008: Sharp & Ors v Blank & Ors [2020] EWHC 1870 (Ch). … Read more

COVID-19 Pressure Points: Impact of COVID-19 on class actions (UK)

As well as the human cost of COVID-19, the pandemic has led to unprecedented disruption to both daily life and business activity on a global scale. With seemingly no industry or sector immune from the commercial and economic effects of the outbreak, businesses are facing huge challenges on a day-to-day basis. First and foremost is … Read more

Article published – Funders’ liability for adverse costs: scrapping the cap

As explained in this previous post, the Court of Appeal has recently dismissed an appeal against a decision which declined to apply the so-called Arkin cap to limit a commercial funder’s liability to the amount of the funding it had provided. The decision confirms that the Arkin cap is not a binding rule, and the court retains a broad discretion … Read more