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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?

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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

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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