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Opt-out still alive despite early setbacks

19 January 2018 / Chris Owen
Issue: 7777 / Categories: Features , Procedure & practice
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It’s been one problem after another so far, but Chris Owen remains optimistic about the future for collective redress

  • The Consumer Rights Act 2015 introduced opt-out class actions for competition claims.
  • Initial optimism wavered as the first cases hit the stumbling blocks. But the CAT has shown willingness to accept these claims in principle, meaning there is hope for funders and claimant representatives alike.
  • It is only a matter of time before a large-scale class claim gets out of the gates.

The Consumer Rights Act 2015 heralded a new era for collective redress in the UK for competition infringements, introducing an opt-out class action regime for competition damages claims. Although opt-out actions have existed in the US for many years, this was the first of its kind within the UK (and indeed a first across the whole of Europe).

It marked a major step forward from what had gone before. The preceding opt-in regime, in which claimants had to self-select to join the litigation, had proved a damp squib (only

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MOVERS & SHAKERS

Quillon Law—Neil Dooley

Quillon Law—Neil Dooley

Disputes firm expands fraud and investigations practice with partner hire

Charles Russell Speechlys—Vadim Romanoff

Charles Russell Speechlys—Vadim Romanoff

Firm strengthens corporate tax and incentives team with partner hire

Burges Salmon—Gary Delderfield & Alec Bennett

Burges Salmon—Gary Delderfield & Alec Bennett

Partner and senior associate join pensions team

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