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02 July 2021 / Stephen O'Dowd
Issue: 7939 / Categories: Features , Competition
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Competing class actions—who wins carriage?

52139
Stephen O’Dowd looks at competing claims & whether parties can afford to let the courts roll the dice
  • Looks at approach to competing claims in Australia, Canada and the US.
  • Considers what approach the UK’s Competition Appeals Tribunal might take.

Competing claims are a common feature of class action regimes. When faced with overlapping class actions against the same defendant, courts will typically allow only one action to proceed. Which means they must resolve so-called carriage disputes, unless the parties to competing actions can find a satisfactory way to collaborate.

The UK’s class action regime is relatively new and its overseer, the Competition Appeal Tribunal (CAT), is yet to resolve a carriage dispute. The CAT has, instead, been preoccupied with certification, having so far refused to grant any action with clearance to launch.

The wait for the CAT’s first positive certification decision should now be short, following a recent decision by the Supreme Court that the CAT must lower its threshold. And, in what could be a bumper harvest

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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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