header-logo header-logo

02 July 2021 / Stephen O'Dowd
Issue: 7939 / Categories: Features , Competition
printer mail-detail

Competing class actions—who wins carriage?

52139
Stephen O’Dowd looks at competing claims & whether parties can afford to let the courts roll the dice
  • Looks at approach to competing claims in Australia, Canada and the US.
  • Considers what approach the UK’s Competition Appeals Tribunal might take.

Competing claims are a common feature of class action regimes. When faced with overlapping class actions against the same defendant, courts will typically allow only one action to proceed. Which means they must resolve so-called carriage disputes, unless the parties to competing actions can find a satisfactory way to collaborate.

The UK’s class action regime is relatively new and its overseer, the Competition Appeal Tribunal (CAT), is yet to resolve a carriage dispute. The CAT has, instead, been preoccupied with certification, having so far refused to grant any action with clearance to launch.

The wait for the CAT’s first positive certification decision should now be short, following a recent decision by the Supreme Court that the CAT must lower its threshold. And, in what could be a bumper harvest

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
back-to-top-scroll