Competition collective proceedings: broad right of appeal and no general prohibition on communications between defendants and class members

In December the Court of Appeal issued a key decision on the developing competition class action regime in the Competition Appeal Tribunal (CAT), in the context of a follow-on action against major shipping companies on behalf of purchasers of motor vehicles. The judgment is of wider significance for two important reasons: It confirms that, as … Read more

Environmental litigation: Group claims must proceed as “global claims” unless individual claimants’ losses tied to specific oil spills

The High Court has refused to strike out a group action brought against Shell Plc and its Nigerian subsidiary in connection with oil contamination in the Niger Delta. The court rejected the defendants’ argument that the claims should be struck out due to a failure to identify the particular oil spills alleged to have caused … Read more

Commercial litigation podcast series – Episode 22: General update

In this 22nd episode of our series of commercial litigation update podcasts, we look at some recent developments relating to enforcement of judgments, litigation funding and class actions as well as an important Court of Appeal decision on ADR that came out in late November, and a couple of interesting recent decisions on exclusion clauses … Read more

Representative actions: Court of Appeal decision gives go ahead for secret commissions claim, but suggests only limited issues may be dealt with on “opt-out” basis

The Court of Appeal has upheld the High Court’s decision that a claim in respect of secret commissions for referrals to an IP renewal services provider can proceed as an “opt-out” representative action under CPR 19.8: Commission Recovery Ltd v Marks & Clerk LLP [2024] EWCA Civ 9. It seems, however, that the case may proceed … Read more

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