Novel methods of case management & consolidation are emerging in the Competition Appeal Tribunal: Annabel Elliott considers the umbrella proceedings order one year on
- Umbrella proceedings are a novel form of case management and consolidation of separate but related proceedings. They are aimed at reducing the risk of inconsistent judgments, and are particularly relevant for competition disputes as potential claimants may ultimately claim independently for the same loss.
- Such proceedings may bring benefits to litigants by potentially encouraging settlement; conversely, they may delay the host proceedings, or be used by defendants as a tactical device for driving a wedge between classes of claimants.
Separate proceedings which arise from the same or similar facts require careful consideration as to how best they can be case-managed. A court may order the consolidation of separate proceedings, even if different claimants and defendants are involved, where, for example, there are common questions of law or fact.
In June 2022, the Competition Appeal Tribunal (CAT) introduced a novel method of dealing with such cases with its Practice Direction on Umbrella Proceedings (Practice
