Litigation Notes

Commercial litigation podcast series – Episode 29: Class actions

High Court refuses to allow representative action to be brought on behalf of copyright owners in IP case

The decision emphasises the need to be able to determine at all times whether a particular person is part of the represented class.

Court of Appeal rejects attempt to bring securities class action using CPR 19.8 representative action as an "opt-in" procedure

Opt-out competition class action rejected due to unsuitability of proposed class representative (PCR)

The decision shows that the CAT will scrutinise the funding arrangements and the PCR's ability to ensure proceedings are conducted in the best interests …

Competition class actions: First case to go to trial ends in failure

Judgment in Le Patourel v BT is first test of collective proceedings regime, but may do little to decrease funders' appetites to invest.

Data class actions: Court of Appeal upholds decision blocking "opt-out" representative action for misuse of private information

Court of Appeal finds claimants cannot be forced to pursue claims for environmental damage as "global claims"

Group litigation orders: Court of Appeal considers binding effect of decisions in test cases

High Court finds companies can assert privilege against their shareholders

Commercial litigation podcast series – Episode 28: General update

High Court rejects "price/market reliance" for s.90A and Schedule 10A FSMA claims

This decision is likely to place a significant limit on s.90A/Schedule 10A FSMA claims by "passive" investors who do not actively manage their investment …

Class Actions radar: Scanning global trends and risks