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21 October 2022 / Cameron Laing
Issue: 7999 / Categories: Features , Collective action , Competition
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A green light for collective proceedings?

98020
The Competition Appeal Tribunal’s desire to breathe life into the collective proceedings regime is clear from its CPO approval rate & reluctance to strike out or summarily dismiss claims: Cameron Laing assesses the impact of its approach thus far
  • The Competition Appeal Tribunal has been adjudicating on an increasing number of applications for opt-out collective proceedings orders. The tribunal has been routinely granting these kinds of applications.
  • Prospective defendants who do not consider that claims brought against them have merit are able to apply for an order that the claims be struck out or summarily dismissed.

Since the Consumer Rights Act 2015 (CRA 2015) came into force on 1 October 2015, the ability for a prospective claimant to bring a class action before the courts of the United Kingdom has been greatly enhanced. Previously, would-be litigants whose claims involved materially similar issues of law or fact were required to unify them by obtaining either a group litigation order (in which each claimant still has to initiate their own

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MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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