Clifford Chance
Providing the latest updates on developments in group litigation and class actions around the world.
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A further blow for representative action claims – £319m claim against airlines struck out
In Smyth v British Airways Plc & Ors [2024] EWHC 2173, the High Court struck out a representative action against certain airlines for cancelled/delayed flights because the proposed representative claimant failed to satisfy the "same interest" requirement and be transparent about her motivation and funding arrangements.
Alice Darling Senior Associate 25 September 2024
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RealPage Antitrust Cases Face Significant Hurdles
The RealPage antitrust cases are key battlegrounds for resolving whether the use of algorithmic pricing software violates the Sherman Act, but the DOJ and private plaintiffs will face many hurdles.
Joseph Ostoyich Partner 25 September 2024
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High Hurdles: Group Costs Orders in Class Action Settlements
The Supreme Court of Victoria has approved the first settlement of a class action involving a group costs order (GCO), illustrating the commencement of a new phase of the GCO regime in Australia.
Naomi Griffin Partner 25 September 2024
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Can Transparency Actions Be Combined in a Collective Suit Against an Entire Sector? CJEU Responds to the Spanish Supreme Court
On July 4, 2024, the CJEU issued its ruling in case C-450/22, addressing the feasibility of a large-scale collective action brought by a Spanish consumer association against over one hundred financial entities concerning "floor clauses" in consumer mortgage loans.
Laura del Campo Abogado 25 September 2024
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Belgium transposes the Representative Actions Directive (RAD) – What impact on class actions?
The transposition of the RAD into Belgian law occurred through the Law of 21 April 2024 amending the Belgian Code of Economic Law (CEL). Although the regime of class actions in Belgium is not radically changed, some modifications are worth to be highlighted.
Nathan Tulkens Lawyer 25 September 2024
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New "submission of evidence" procedure in capital markets-related group actions akin to Anglo-American discovery proceedings
The new "submission of evidence" procedure entitles a party to seek the submission of evidence from the counterparty. This could motivate plaintiffs to lodge unfounded actions and open up procedural side battles. What matters more is that the evidence submitted by a company may be used against it in criminal and administrative offence proceedings.
Sunny Kapoor Counsel 22 October 2024
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Class actions in Australia – breach of privacy claims
In the context of the rapid growth of the global digital economy, businesses are required more than ever to ensure adequate protections for the handling of individuals' personal information. Risks associated with cyber and data breaches in Australia now include not only regulatory action, but also class actions.
Saskia Mondon-Ballantyne Associate (Registered Foreign Lawyer)* 29 October 2024
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Use of CPR 19.8 representative actions reconsidered by the UK Court of Appeal
The Court of Appeal of England and Wales has heard an appeal by a representative claimant seeking to overturn a decision to strike out and for summary judgment against a misuse of private information ("MOPI") claim issued on behalf of an estimated 1.6 million claimants relating to the alleged transfer, storage and misuse of their patient-identifiable medical records.
Stephanie Heimark Senior Associate 30 October 2024
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Dutch District Court Approves Another Public Interest Class Action: Implications for the Legal Landscape
The Netherlands continues to affirm its status as a premier jurisdiction for class actions in Europe, with recent developments underscoring the emerging trend of public interest class actions.
Anne Hendrikx Senior Associate 4 November 2024
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One to watch: Fundão Claim: Largest group litigation trial starts in the English High Court
The landmark trial against mining giant BHP will determine liability for the 2015 collapse of a dam in Brazil and will be heard over 12 weeks in the English Court
Katherine Daley Senior Associate 5 November 2024
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Litigation funding: legislation to reverse PACCAR remains in political limbo but have funders' concerns materialised?
Legislation addressing third-party litigation funding now awaits the Civil Justice Council's final report (expected summer 2025). But have funders' concerns post-PACCAR regarding the enforceability of litigation funding agreements materialised?
Fayez Shahbaz Senior Associate (Country Qualified: New Zealand) 6 November 2024
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High Court clarifies reliance and dishonest delay under s.90A FSMA, disposing of £332 million worth of shareholder claims against Barclays
In a recent decision in Allianz Funds Multi-Strategy Trust v Barclays PLC [2024] EWHC 2710 (Ch), the High Court ruled that under s.90A of the Financial Services and Markets Act 2000 (“FSMA”): (1) reliance cannot be satisfied in respect of published information which the Claimants did not read or consider at all; and (2) dishonest delay only imposes liability upon an issuer where publication of information has taken place. This ruling resulted in the striking out of 60% of the claims, with an asserted value of £332 million, brought against Barclays plc (“Barclays”) by its shareholders. Barclays denies any liability under FSMA.
Isabella Van Niekerk Lawyer 6 November 2024
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NCAA Settlement: Slam Dunk or Airball for Equality?
On October 7, 2024, U.S. District Judge Claudia Wilken granted preliminary approval for the $2.78 billion antitrust class action settlement between the NCAA and certain college athletes. Some headlines (perhaps drafted by the plaintiffs' attorneys) hailed it as a step toward justice. But if you look closely it’s clear this settlement isn't a win for fairness—especially not for female athletes, or really any athletes aside from a select few, mostly from Power 4 conference schools.
William Lavery Partner 12 December 2024
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The Class Action "Tax" on Certain U.S. Oil Producers
The FTC filed two cases this year challenging oil and gas mergers that simply did not add up, as we previously noted. In May, a 3-2 majority of the FTC Commissioners sued to block Exxon Mobil Corporation's ("Exxon") acquisition of Pioneer Natural Resources Company ("Pioneer"), and in September, a similarly-split Commission voted to sue Chevron Corporation ("Chevron") over its acquisition of Hess Corporation ("Hess").
Joseph Ostoyich Partner 17 December 2024
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Court of appeal hears landmark case on representative actions
On 10 and 11 December 2024, the Court of Appeal heard arguments in the case of Wirral Council v Indivior plc. The case considers whether Wirral Council, representing Merseyside Pension Fund, can bring a securities claim against Reckitt Benckiser Group plc as a representative claim under the Civil Procedure Rules (CPR) 19.8.
Harriet Slack Senior Associate 19 December 2024
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