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11 May 2022
Issue: 7978 / Categories: Legal News , Collective action
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BT opt-out appeal fails

The Court of Appeal has unanimously rejected BT’s argument that a collective proceedings order (CPO) should be ‘opt-in’, in a mass action claiming it abused its dominant market position by charging excessive landline prices

Delivering the court’s judgment in BT Group Plc v Patourel [2022] EWCA Civ 593, Lord Justice Green said ‘the power to order opt-in or opt-out proceedings is one for the tribunal to make upon the basis of all the circumstances of the case. There is no prior legislative predisposition one way or another’. He said the financial position of parties and ability to attract third-party funding was ‘relevant to access to justice and is a factor the CAT should necessarily take into account’.

The Competition Appeal Tribunal granted a CPO on an opt-out basis last year, meaning potential claimants are automatically included.

Issue: 7978 / Categories: Legal News , Collective action
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MOVERS & SHAKERS

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper strengthens international disputes team with appointment of leading arbitration partner

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau strengthens trust and estates disputes team with new appointments

Bellevue Law—Shannon Moore

Bellevue Law—Shannon Moore

Bellevue Law strengthens employment disputes and international advisory capability with senior associate appointment

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