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01 March 2023
Issue: 8015 / Categories: Legal News , Collective action , Intellectual property
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Opt-out action allowed to proceed by High Court

The High Court has rejected a bid to strike out a claim brought on an opt-out basis by a representative against a firm of intellectual property lawyers.

Handing down judgment in Commission Recovery Ltd v Marks & Clerk LLP [2023] EWHC 398 (Comm) last week, Mr Justice Robin Knowles held the claimant had met the threshold for representative claimants set out by the Supreme Court in Lloyd v Google [2021] UKSC 50.

Non-practising solicitor Peter Rouse is the sole director of the claimant company, which alleges Marks & Clerk earned tens of millions of pounds in undisclosed commissions, and seeks the recovery of these.

However, Marks & Clerk and Clarivate (formerly CPA Global, which the claimant alleges paid the commissions) deny any wrongdoing.

Daniel Spendlove, partner at Signature Litigation, representing the claimant, said the judgment was ‘significant for the legal industry, providing greater clarity on the limits of England and Wales’ representative action regime.’

MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
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