Firm to pay indemnity costs after “premature” GLO application – Litigation Futures

Posted September 5th, 2018 in class actions, consumer protection, costs, law firms, news by sally

‘A law firm which “prematurely” issued a group litigation order (GLO) application to bring VW emissions claims ahead of other firms has been hit with an indemnity costs order by the High Court.’

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Litigation Futures, 5th September 2018

Source: www.litigationfutures.com

Judge criticises ‘generally unhelpful’ firm over application in VW case – Law Society’s Gazette

Posted July 31st, 2018 in class actions, costs, law firms, news, professional conduct by sally

‘A Derbyshire firm involved in the group action case against car maker Volkswagen (VW) has been criticised for its ‘inconsistent, non-engaging and generally unhelpful’ conduct in an application to extend the timeframe for a service of claim.’

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Law Society's Gazette, 31st July 2018

Source: www.lawgazette.co.uk

Battle lines drawn as papers filed in VW case – Law Society’s Gazette

‘The law firm taking Volkswagen (VW) to court on behalf of more than 50,000 UK car owners has accused the car giant of insulting consumers’ intelligence by refusing to admit wrongdoing in the alleged emissions cheating scandal.’

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Law Society's Gazette, 9th July 2018

Source: www.lawgazette.co.uk

“Victory for product innovation” after High Court rejects group hip replacement implant claim – Litigation Futures

Posted May 23rd, 2018 in class actions, consumer protection, health, medical treatment, news by tracey

‘The High Court yesterday rejected a group action claiming that a “metal on metal” (MoM) hip replacement implant was defective under the Consumer Protection Act 1987.’

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Litigation Futures, 22nd May 2018

Source: www.litigationfutures.com

Morrisons group action: claimants win, but get only 40% of their costs – Panopticon

Posted May 17th, 2018 in class actions, compensation, costs, data protection, news by tracey

‘Needless to say, group actions for data protection breaches will generally be shaped by financial considerations. Those are partly about compensation, but also about costs. To make it worthwhile, claimants need not only to win and be awarded compensation, but also to get their costs covered, or at least not have their costs eat too far into their compensation. On this issue, today’s costs judgment in the Morrisons litigation is novel, interesting and instructive in practice.’

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Panopticon, 16th May 2018

Source: panopticonblog.com

GDPR to fuel group actions over data breaches, barristers predict – Litigation Futures

Posted May 17th, 2018 in class actions, data protection, EC law, news by tracey

‘The introduction of the General Data Protection Regulation (GDPR) will only increase the appetite for group or representative action for data breaches, a QC has claimed.’

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Litigation Futures, 16th May 2018

Source: www.litigationfutures.com

Tribunal unimpressed by Mastercard’s “wholly unreasonable” costs in Merricks case – Litigation Futures

Posted January 4th, 2018 in appeals, class actions, competition, consumer credit, costs, news, tribunals by sally

‘The costs incurred by Mastercard in defending an attempt to bring one of the largest class actions ever appear “wholly unreasonable and disproportionate”, the Competition Appeal Tribunal (CAT) has found.’

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Litigation Futures, 2nd January 2018

Source: www.litigationfutures.com

UK class action accuses Google of unlawfully harvesting personal data – The Guardian

Posted November 30th, 2017 in class actions, data protection, internet, news, privacy, telecommunications by tracey

‘More than 5 million people in the UK could be entitled to compensation from Google if a class action against the internet giant for allegedly harvesting personal data is successful. A group led by the former executive director of consumer body Which?, Richard Lloyd, and advised by City law firm Mischon de Reya claims Google unlawfully collected personal information by bypassing the default privacy settings on the iPhone between June 2011 and February 2012.’

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The Guardian, 30th November 2017

Source: www.theguardian.com

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