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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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Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

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Firm promotes senior associate and team leader as wills, trusts and probate team expands

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Manchester real estate finance practice welcomes legal director

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Financial services and regulatory offering boosted by partner hires

NEWS
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Artificial intelligence (AI) is already embedded in the civil courts, but regulation lags behind practice. Writing in NLJ this week, Ben Roe of Baker McKenzie charts a landscape where AI assists with transcription, case management and document handling, yet raises acute concerns over evidence, advocacy and even judgment-writing
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
From cat fouling to Part 36 brinkmanship, the latest 'Civil way' round-up is a reminder that procedural skirmishes can have sharp teeth. NLJ columnist Stephen Gold ranges across recent decisions with his customary wit
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