Collective Proceedings Order

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Before a collective action such as this can proceed to a full trial, the Competition Appeal Tribunal must certify the claim and make a ‘collective proceedings order’. Following a three-day hearing held on 29 November 2021 to 1 December 2021, on 18 February 2022, the Tribunal handed down its judgment, finding in our favour on all but one discreet issue (in relation to class members who have passed away). In summary, the Tribunal held that:

  1. The class representative, Mark McLaren, has “substantial experience in consumer protection” and would “fairly and adequately act in the interests of class members”.
  2. Class members’ claims are “suitable to be brought in collective proceedings”.
  3. The methodology for calculating loss to class members is “based on the industry expert evidence” and “offers a realistic prospect of establishing loss on a class-wide basis”.
  4. Collective proceedings such as this action “play a role in ensuring that wrongdoers modify their behaviour”.

Although there is still a way to go before class members can recover the losses they have suffered, this is an important judgment and means that the claim can now progress to trial. 

The full judgment is available here.

28 February 2022

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