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11 February 2022 / Caroline Harbord , Candice Johnson
Issue: 7966 / Categories: Features , Collective action
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Collective proceedings orders: the story so far…

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With the floodgates beginning to open, Caroline Harbord & Candice Johnson examine the first collective competition claims under the opt-out regime
  • An overview of the opt-out group litigation regime, and a summary of the key practical takeaways arising from each of the recent decisions on collective proceedings orders, from the perspective of claimants, lawyers and litigation funders.

2021 heralded a period of unprecedented excitement in the sphere of collective competition claims.

In August 2021, the Competition Appeal Tribunal (CAT) certified the first ever collective proceedings order (CPO), permitting Walter Merricks to pursue an opt-out group claim against Mastercard for established breaches of competition law. Mr Merricks is now authorised as class representative on behalf of 46.2 million potential claimants in a claim valued at a whopping £13.8bn.

In the weeks that followed, the CAT certified two further CPOs in multi-million-pound claims against both BT and two train operating companies (namely First MTR and Stagecoach). These decisions had been put on hold pending the Merricks judgment, and represent

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NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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