Class actions

New Podcast – Class actions in England and Wales: An increasing threat to corporates?

In this podcast, Damian Grave, Gregg Rowan and Maura McIntosh discuss the extent to which class actions in the English courts are becoming an increasing threat to corporates. They look at some factors driving growth, the areas in which we are … Continue reading

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Herbert Smith Freehills contributes England and Wales chapter of The Securities Litigation Review

Securities litigation presents an increasing threat to UK corporates, with the potential for both regulatory action and civil claims by investors seeking recovery of losses suffered as a result of investing in applicable securities. Karen Anderson and Harry Edwards have … Continue reading

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Filed under Announcements, Class actions, Miscellaneous

Article published on how in-house lawyers can tackle the increasing threat of class actions in the English courts

Class actions represent an increasing area of risk for UK corporates, with increasing numbers of high-profile and high-value group claims being brought, or threatened to be brought, in the English courts. The principal mechanism used to litigate these claims differs … Continue reading

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Holding company liability for acts of a subsidiary: Court of Appeal finds English court lacks jurisdiction on basis no duty of care owed

In the latest in a line of jurisdiction rulings in cases of so-called “class action tourism”, the Court of Appeal has held that the English court does not have jurisdiction to hear tortious claims against two companies in the Unilever … Continue reading

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Filed under Class actions, Jurisdiction, Tort

Awarding costs in group litigation: Court of Appeal says “who receives the cheque” does not determine success

A recent Court of Appeal decision illustrates the court’s approach to awarding costs in the context of complex group litigation, and how it differs from the approach taken in ordinary commercial litigation: Sirketi v Kupeli [2018] EWCA Civ 1264. Under … Continue reading

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Our new book launched today: Class Actions in England and Wales

Herbert Smith Freehills is today launching a new textbook, Class Actions in England and Wales. Written by lawyers from the firm and published by Sweet & Maxwell, it aims to become an essential resource for those bringing or defending class … Continue reading

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Court of Appeal confirms English Court lacks jurisdiction over claims against UK domiciled parent company in relation to acts of subsidiary abroad

The Court of Appeal has held that the English court does not have jurisdiction to hear claims against two companies in the Shell group (domiciled in the UK and Nigeria respectively) relating to alleged pollution in the Niger Delta in … Continue reading

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Filed under Class actions, Jurisdiction, Tort

High Court can grant retrospective permission to continue a derivative claim

The High Court has held that it has the power retrospectively to validate service of a claim form and particulars of claim in proceedings brought as a derivative claim under the Companies Act 2006, where the claimant was in breach … Continue reading

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Filed under Class actions, Interim applications

Competition Appeal Tribunal refuses to certify £14 billion class action against Mastercard

The Competition Appeal Tribunal (CAT) has refused to give the green light to a £14 billion class action, which was brought against MasterCard under the "opt-out" regime for competition law cases introduced from October 2015 (as outlined here). Under this … Continue reading

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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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