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23 June 2023 / Annabel Elliott
Issue: 8030 / Categories: Features , Competition , Collective action
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Umbrella proceedings orders: come rain or shine

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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

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NEWS
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
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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