Lloyds shareholders’ court case over HBOS takeover set to begin – The Guardian

Posted October 16th, 2017 in banking, class actions, news, shareholders, takeovers by sally

‘A £600m case is due to begin in the high court this week which is expected to lead to five former directors of Lloyds Banking Group being asked to explain the circumstances that led to the rescue of HBOS during the height of the financial crisis.’

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The Guardian, 15th October 2017

Source: www.theguardian.com

Asda equal pay case: The landmark legal battle that could stop women in the UK being paid less than men – The Independent

‘The latest hearing in the UK’s largest ever private sector equal pay claim is due to kick off on Wednesday, in a case that could eventually see around 15,000 predominantly female Asda workers recovering well over £100m in pay.’

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The Independent, 10th October 2017

Source: www.independent.co.uk

Competition Appeal Tribunal decision to refuse biggest-ever class action “not susceptible to appeal” – Litigation Futures

Posted October 5th, 2017 in appeals, class actions, competition, consumer credit, news, tribunals by tracey

‘The Competition Appeal Tribunal (CAT) has refused solicitor Walter Merricks permission to appeal its decision to deny him a collective proceedings order (CPO) that would allow him bring a £14bn action against Mastercard on behalf of 46m people.’

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Litigation Futures, 4th October 2017

Source: www.litigationfutures.com

Contaminated blood scandal: Victims win right to seek damages after thousands infected in 1970s and 80s – The Independent

‘Victims of the contaminated blood scandal in the 1970s and 80s have won the right to launch a High Court action for damages.’

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The Independent, 26th September 2017

Source: www.independent.co.uk

Collective (in)action? The CAT’s recent judgments on collective proceedings orders – Blackstone Chambers

Posted August 22nd, 2017 in appeals, class actions, competition, news, tribunals by sally

‘At first glance, two recent judgments from the CAT may give the impression that the new UK class action regime is dead in the water. However, on closer inspection there is much in these judgments that prospective claimants will welcome.

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Blackstone Chambers, 7th August 2017

Source: www.blackstonechambers.com

So vast a throng the stage can ne’er contain: litigation involving group – Hardwicke Chambers

Posted August 22nd, 2017 in civil procedure rules, class actions, news by sally

‘Often, a litigator’s single greatest desire is for clarity: of instructions, tactics, or argument. Few circumstances can disrupt this as effectively as a large group of clients or opponents, each clamouring for different (often mutually exclusive) approaches. Once such a case reaches a certain size, it is simply not feasible to proceed in the usual way, with all parties giving evidence and making submissions. There are a number of ways of addressing this problem, each with unique benefits and pitfalls.’

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Hardwick Chambers, 25th July 2017

Source: www.hardwicke.co.uk

CAT on a Hot Tin Roof: The implications for group actions of the MasterCard decision – Henderson Chambers

Posted August 22nd, 2017 in appeals, class actions, competition, damages, news, tribunals by sally

‘On 21 July, the Competition Appeal Tribunal (CAT) issued its decision dismissing an application for a collective proceedings order (“CPO”) in the MasterCard litigation (Walter Merricks v MasterCard Inc & ors [2017] CAT 16). It is a decision whose significance goes beyond the fact that it is a further illustration of the difficulties of advancing opt-out class actions. It remains the case that, despite nearly two years having elapsed since implementation of schedule 8 of the Consumer Rights Act 2015, no CPO has been made, nor is one likely to be made at any time soon. Whilst the decision is subject to Mr Merricks’ right of appeal, this alerter briefly considers the implications for the management of class actions. In very broad terms, the decision underlines the requirements of a high level of precision and a sound and principled evidential basis in relation to: (1) the definition of the class; (2) the calculation of aggregate class damages; (3) the means for distributing damages within the class; and (4) the elements of a funding agreement.’

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Henderson Chambers, 25th July 2017

Source: www.hendersonchambers.co.uk

Appeal to proceed in £14bn landmark Mastercard action – Law Society’s Gazette

Posted August 15th, 2017 in appeals, class actions, competition, consumer credit, news, tribunals by sally

‘A record-breaking £14bn collective action against Mastercard is set to rumble on after the former ombudsman who brought the case on behalf of 46 million consumers seeks to appeal last month’s Competition Appeal Tribunal ruling.’

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Law Society's Gazette, 14th August 2017

Source: www.lawgazette.co.uk

Collective (in)action? The CAT’s recent judgments on collective proceedings orders – Competition Bulletin

‘At first glance, two recent judgments from the CAT may give the impression that the new UK class action regime is dead in the water. However, on closer inspection there is much in these judgments that prospective claimants will welcome.’

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Competition Bulletin, 4th August 2017

Source: competitionbulletin.com

Court of Appeal rejects bid to invalidate CFAs signed at “chaotic” meeting of class action members – Litigation Futures

Posted July 25th, 2017 in appeals, class actions, consumer protection, contracts, fees, news by sally

‘The Court of Appeal has dismissed a technical challenge to conditional fee agreements (CFAs) signed by members of a class action during a meeting organised for that purpose.’

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Litigation Futures, 25th July 2017

Source: www.litigationfutures.com

£14bn group action kicked out of court – Law Society’s Gazette

‘A record-breaking collective claim against MasterCard was thrown out by the Competition Appeal Tribunal today in a major blow to the growth of funded class actions in the UK. The case, brought by former financial services ombudsman Walter Merricks on behalf of 46 million consumers who were alleged to be victims of excess ‘interchange fees’ charged by card companies, claimed £14bn in damages. It was the largest sum claimed in English legal history.’

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Law Society's Gazette, 21st July 2017

Source: www.lawgazette.co.uk

Revised Benefit Cap Unlawfully Discriminates Against Lone Parents With Children Under Two, High Court Rules – Garden Court Chambers

‘In a robustly worded judgment handed down today, Mr Justice Collins found the revised benefits cap operated to unlawfully discriminate lone parents with children under the age of two and those children under the age of two.’

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Garden Court Chambers, 22nd June 2017

Source: www.gardencourtchambers.co.uk

“Real misery is being caused to no good purpose” – Nearly Legal

‘This was the judicial review of the ‘reduced’ benefit cap – £20,000 pa outside London, £23,000 in London, brought by claimants who were all single mothers with children, including children under two years old. The claim was on the basis that the regulations were discriminatory, either against women as the majority of single parents, or against the children, on the basis that single parents of children under two years old were not able to ‘escape’ the cap by obtaining 16 hours or more a week of employment.’

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Nearly Legal, 25th June 2017

Source: nearlylegal.co.uk

Cap on benefits for single parents with toddlers ruled unlawful in landmark judgment – Daily Telegraph

Posted June 23rd, 2017 in benefits, class actions, families, government departments, judges, news, poverty by tracey

‘A central plank of the Government’s benefit reform programme has suffered a major setback after a High Court judge ruled it was unlawful and was causing “real misery” to single parents and their children.’

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Daily Telegraph, 22nd June 2017

Source: www.telegraph.co.uk

Fred Goodwin escapes high court appearance as RBS settles lawsuit – The Guardian

Posted June 7th, 2017 in adjournment, banking, class actions, news, shareholders by sally

‘Fred Goodwin has escaped being summoned to the high court to explain his actions during the 2008 financial crisis, after disgruntled shareholders finally reached a settlement with Royal Bank of Scotland.’

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The Guardian, 6th June 2017

Source: www.theguardian.com

First opt-out class action withdrawn as potential costs outweigh damages – OUT-LAW.com

Posted June 7th, 2017 in class actions, competition, consumer protection, costs, damages, news, tribunals by sally

‘The UK’s first ‘opt-out’ class action claim has been withdrawn on the basis that its costs would outweigh the potential damages available.’

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OUT-LAW.com, 5th June 2017

Source: www.out-law.com

First opt-out class action withdrawn after damages found to be insufficient – Litigation Futures

Posted June 6th, 2017 in appeals, class actions, competition, costs, damages, news, tribunals by tracey

‘The first attempt to bring an opt-out class action has failed after a decision of the Competition Appeal Tribunal (CAT) that meant the claim would not be worth enough money to proceed.’

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Litigation Futures, 5th June 2017

Source: www.litigationfutures.com

High court to hear if RBS has agreed last-ditch deal with shareholders – The Guardian

Posted May 24th, 2017 in adjournment, banking, class actions, compensation, news, shareholders by sally

‘A judge will hear on Wednesday whether a deal has been agreed to avert a legal battle that would force the former RBS chairman Fred Goodwin to give evidence in the high court.’

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The Guardian, 24th May 2017

Source: www.guardian.co.uk

RBS in 11th-hour bid to avert court case brought by thousands of investors – The Guardian

Posted May 22nd, 2017 in banking, class actions, news, shareholders by tracey

‘Royal Bank of Scotland has made a last-ditch effort to avert a high-profile court case brought by thousands of investors who claim they were misled into buying the bank’s shares in the runup to its taxpayer bailout.’

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The Guardian, 22nd May 2017

Source: www.guardian.co.uk

Collective Proceedings in the CAT: mobility scooters roll on for now – Competition Bulletin from Blackstone Chambers

‘Last Friday the CAT handed down a judgment on the first ever-application for a collective proceedings order under the new regime introduced by the Consumer Rights Act 2015. The judgment will generally be welcomed by potential claimants, but it has a sting in the tail which may cause serious difficulties for class actions in other vertical infringement cases.’

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Competition Bulletin from Blackstone Chambers, 6th April 2017

Source: www.competitionbulletin.com