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Collective action

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Damages-based agreements (DBAs), also known as contingency fees, could be allowed for opt-out collective actions in the Competition Appeal Tribunal
Motor finance and consumer credit claims can be brought as a collective action or ‘omnibus’ claim, the Court of Appeal has held, in a landmark decision
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
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MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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