Providing the latest updates on developments in group litigation and class actions around the world.
- 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 Read more
- 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 Read more
- 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 Read more
- 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 Read more
- 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 Read more
- 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 Read more
- 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 Read more
- Misuse of private information class action 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 transfer, storage and use of their patient-identifiable medical records. Stephanie Heimark Senior Associate 30 October 2024 Read more