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21 October 2022
Issue: 7999 / Categories: Legal News , Competition , Collective action
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NLJ this week: Approach of the opt-out class actions?

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They’re massive, big money, headline-grabbing and share-price rocking—and possibly coming to a court near you! At least, that’s if the Competition Appeal Tribunal (CAT) continues on its current path of greenlighting opt-out collective proceedings. 

In this week’s NLJ, Cameron Laing, associate at Quinn Emanuel Urquhart & Sullivan UK, examines the increasing number of applications for opt-out collective proceedings orders (CPO) on which the CAT has been adjudicating, and notes that, on the whole, the tribunal has tended to grant such applications.

Considering the CAT's approach to strike-out and summary dismissal of these claims, he writes: 'Its hesitance to exercise its discretion in these areas in CPO claims to date demonstrates that, post-Merricks, it is a very high threshold that a defendant needs to meet for a CPO claim to be struck out.

He also looks, in particular, at how the CAT’s assessment of the merits of claims has worked in practice.

Read Cameron's article in full here.

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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