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21 October 2022
Issue: 7999 / Categories: Legal News , Competition , Collective action
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NLJ this week: Approach of the opt-out class actions?

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They’re massive, big money, headline-grabbing and share-price rocking—and possibly coming to a court near you! At least, that’s if the Competition Appeal Tribunal (CAT) continues on its current path of greenlighting opt-out collective proceedings. 

In this week’s NLJ, Cameron Laing, associate at Quinn Emanuel Urquhart & Sullivan UK, examines the increasing number of applications for opt-out collective proceedings orders (CPO) on which the CAT has been adjudicating, and notes that, on the whole, the tribunal has tended to grant such applications.

Considering the CAT's approach to strike-out and summary dismissal of these claims, he writes: 'Its hesitance to exercise its discretion in these areas in CPO claims to date demonstrates that, post-Merricks, it is a very high threshold that a defendant needs to meet for a CPO claim to be struck out.

He also looks, in particular, at how the CAT’s assessment of the merits of claims has worked in practice.

Read Cameron's article in full here.

MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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