![]() ![]() The CAT may revoke a CPO, and so terminate the collective proceedings, at any stage. The CAT must be satisfied that it is just and reasonable that the party seeking to act as representative be authorised to do so, and that the claims are eligible for inclusion in collective proceedings. ![]() To make use of this procedure, an application for a Collective Proceedings Order (CPO) must be made to the CAT, which will decide at a certification hearing whether the CPO will be made or not. Following changes introduced by the Consumer Rights Act 2015, class actions for breaches of competition law can now also be brought exclusively in the CAT on an "opt-out" basis. This is prime territory for mass actions but these proceedings previously had to be structured as "opt-in" actions. Where the Competition and Markets Authority, or the European Commission before 31 December 2020, has already found a breach of competition law, a claim can be brought as a "follow-on" damages claim, where the claimant can rely on the earlier infringement decision as binding evidence of liability. Opt-out class actions in competition casesĬompetition law is the one area in England and Wales in which true opt-out mass actions can currently be brought.Ĭlaimants can bring actions for damages resulting from a breach of EU or UK competition law either in the High Court or in the Competition Appeal Tribunal (CAT). Some recent and current reform proposals are discussed below. However, in 2015 an opt-out regime was introduced for infringements of competition law, and there is an ongoing debate about whether the English legal system should make wider use of opt-out procedures. Until relatively recently, opt-out mass actions have not been a significant feature of the English regime, in contrast to the position in the US, for example. take proactive steps not to participate – any remedy awarded will be binding on and available to all members of the class. If the court allows the claim to proceed then, unless individual members of the class opt out – i.e. The alternative, an 'opt-out' procedure, allows a party to bring a claim on behalf of an entire class, without the express mandate or even knowledge of each member of that class. Most of the options currently available in England and Wales for mass actions operate on an 'opt-in' basis, meaning that in order to participate, every claimant has to take proactive steps, such as to issue or join proceedings or authorise another to bring the claim on their behalf. This guide gives a brief overview of the main options currently available and the future outlook for mass actions in England and Wales. There are a number of different options which are open to parties and courts for bringing and managing mass actions. ![]() Mass actions are particularly common in relation to certain types of claim, such as competition law, data privacy and breach, financial services, shareholder, environmental, personal injury and product liability claims. In addition, the evolution of litigation technology, including case portals, workflow tools and electronic signing, has eased some of the practical challenges involved in building, managing and settling large-scale actions. This has been driven by a range of factors, including a focus both in the UK and EU on access to justice, particularly for consumers, as well as the rapid growth of third party litigation funding which makes funding mass actions more viable. However, there has been a push in recent years to facilitate mass actions in the UK. To date, the viability of mass actions has been limited in the UK as compared to certain other jurisdictions, such as the US and Australia.
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