Collective action

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Litigation funder Innsworth Capital has lost its case over its share of the £200m settlement in former financial ombudsman Walter Merricks’ lengthy opt-out collective action against Mastercard

The government is considering wholesale reform of consumer class actions—the ‘opt-out’ collective claims certified by the Competition Appeals Tribunal (CAT)

Consumers’ association Which? has applied to withdraw from its five-year £480m class action against smartphone chipset provider Qualcomm, following an agreement between the parties

Litigation funder Innsworth Capital, which funded behemoth opt-out action Merricks v Mastercard, can bring a judicial review, the High Court ruled last week

Public willingness to take part in class actions is rising, according to annual research by communications consultancy Portland

Australia-headquartered mining giant BHP has been held strictly liable as ‘polluters’ for the Fundão dam disaster in Brazil, in one of the largest group actions ever brought in the English courts

The opt-out collective actions regime is facing ‘significant challenges’ but could benefit the UK by £24bn a year if enhanced and expanded, a report by Stephenson Harwood has found

Unclaimed funds left after an opt-out collective action has settled should be given to a justice charity rather than reverting in full to the defendants, lawyers or funders, the Access to Justice Foundation (AJF) has recommended

The government is reviewing opt-out collective proceedings before the process has had a chance to ‘bed in’, a leading litigation lawyer has warned

People bringing collective actions should always instruct costs specialists to help them scrutinise their lawyers’ fees, the Competition Appeal Tribunal (CAT) has declared

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MOVERS & SHAKERS

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EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS

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NLJ this week: A cautionary tale of bankruptcy and digital promises

A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications

NLJ this week: Trade mark reality check for expanding brands

A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law

NLJ this week: Relocation battles demand more than good intentions

Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile

NLJ this week: Domestic abuse reform faces its hardest test

The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain

NLJ this week: Open justice push brings experts into the spotlight

A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy

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Collective action

MOVERS & SHAKERS

EIP—Stuart Malcolm

Ellisons—Francesca Brown

Shakespeare Martineau—Marie Bourke