Competition
Evans v Barclays Bank PLC and others [2023] EWCA Civ 876, [2023] All ER (D) 138 (Jul)
The Court of Appeal, Civil Division, allowing the appeal, held that the Competition Appeal Tribunal (CAT) had erred in certifying the instant cartel claims on an opt-in basis because the two factors of relevance to the decision were the strength of the claim and practicability, and on those two factors the CAT erred and, accordingly, the order was set aside to the extent that it made an order for opt-in proceedings.
Costs
Chapman v Mid and South Essex NHS Foundation Trust [2023] EWHC 1871 (KB), [2023] All ER (D) 121 (Jul)
The King’s Bench Division ruled on the costs that arose from the claimant’s successful claim for clinical negligence against a hospital. The claimant contended that the defendant should have paid her costs of the claim, in which the defendant argued that there should have been no order for costs, or alternatively, they should only have been ordered to pay a percentage of the claimant’s costs. It fell to be determined: (i) what