Collective actions
Draft Consumer Rights Bill includes proposed new “opt-out” class action for competition claims
The government’s draft Consumer Rights Bill, published today, includes proposals for a new collective action for competition claims, together with other proposals for reforming the UK regime for competition law private actions. The draft legislation follows proposals published by the … Continue reading
Filed under Collective actions
European Commission Recommendation on common principles for collective actions in EU
The European Commission has today published its long-awaited proposals for the future of collective actions in the EU. The proposals take the form of a non-binding Commission Recommendation together with a Communication explaining the background (click here for links to … Continue reading
Filed under Collective actions
New “opt-out” class action to be introduced for competition claims
The government has today published its plans for reforming the UK regime for competition law private actions, including the creation of a new “opt-out” collective action for competition law claims on behalf of both consumers and businesses in the Competition Appeal … Continue reading
Filed under Collective actions
Our first annual disputes client conference: Trends in international dispute resolution
On Monday 12 November, we held our first annual Herbert Smith Freehills disputes conference “Trends in international dispute resolution”. Following introductory remarks by global head of dispute resolution Sonya Leydecker, a series of presentations and panel discussions took place on … Continue reading
Filed under Collective actions, Costs, Funding, Jurisdiction
Report recommends new class action for Hong Kong
Class action reform has for some time been a hot topic both in the UK and in Europe, with recent government proposals for a new “opt-out” collective action for competition claims before the Competition Appeal Tribunal (see post) and ongoing debate … Continue reading
Filed under Collective actions
Opt-out class action proposed for competition claims
On Tuesday (24 April) the government published its anticipated consultation on competition law private actions, including radical proposals for a new “opt-out” collective action for competition claims on behalf of both consumers and businesses in the Competition Appeal Tribunal (CAT). Under an opt-out … Continue reading
Filed under Collective actions, Funding
European Parliament softens stance on EU class actions
In a resolution adopted on 2 February 2012 in response to the Commission’s 2011 consultation “Towards a coherent European approach to collective redress”, the European Parliament has taken a markedly less negative approach to the question of EU action on … Continue reading
Filed under ADR, Collective actions
New code of conduct for litigation funders
A new code of conduct for litigation funders (who fund litigation or arbitration in return for a share of the proceeds) was launched on Wednesday, 23 November. Lord Justice Jackson’s lecture on litigation funding (the sixth in his series of lectures in … Continue reading
Filed under Collective actions, Funding
Government considering new form of collective action for competition claims
The Department for Business, Innovation and Skills (BIS) flagged in its March 2011 consultation on reforms to the UK competition regime that it was “keen to promote private sector-led challenges to anti-competitive behaviour” and would bring forward separate proposals on … Continue reading
Filed under Collective actions
Class actions: European Parliament sceptical of need for action at EU level
In its draft report published on 15 July 2011, the European Parliament’s Committee for Legal Affairs has stated that the Commission has not put forward convincing evidence that action is needed at EU level to ensure that victims of unlawful … Continue reading
Filed under ADR, Collective actions
