United Kingdom: Class Actions

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Article
Supreme Court Provides Welcome Guidance On Collective Proceedings As CAT And Court Of Appeal At Odds
The UK Supreme Court's decision in Evans v Barclays Bank clarifies critical distinctions between opt-in and opt-out collective proceedings, establishing that claim strength is a relevant factor in certification decisions and that opt-in should be the starting point. The judgment addresses the weight to be given to regulatory decisions, the balance between access to justice and defendants' rights, and the practical considerations that should guide the Competition Appeal Tribunal's certification process.
United Kingdom Anti-trust
AP
Arnold & Porter
Article
Competition Appeal Tribunal’s Collective Settlement Distribution Ruling Upheld Following Funder’s Judicial Review
The High Court has rejected a judicial review challenge by litigation funder Innsworth Capital against the Competition Appeal Tribunal's distribution of settlement proceeds in the landmark Merricks v Mastercard collective proceedings. The case raises fundamental questions about how settlement funds should be allocated between class members and litigation funders, and the extent to which the Tribunal can override contractual funding arrangements to protect class interests.
United Kingdom Litigation
M
Macfarlanes LLP
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