The Business Law Reports
[2024] Bus LR 366
Court of Appeal
Michael O’Higgins FX Class Representative Ltd
v
Barclays Bank plc and othersEvans
v
Barclays Bank plc and others
[2023] EWCA Civ 876
2023 April 25–28;
Nov 9
Nov 9
Sir Julian Flaux C, Green, Snowden LJJ
Competition— Competition Appeal Tribunal— Appeal therefrom— Proposed class representatives applying for collective proceedings order— Tribunal ruling on issues relevant to applications— Whether tribunal’s rulings constituting “decision … in collective proceedings … as to the award of damages” and therefore within scope of statutory appeal route— Whether alternatively rulings challengable by way of judicial review—
Competition Act 1998 (c 41), s 49(1A)(a)
Competition— Competition Appeal Tribunal— Collective proceedings order— Proposed class representatives bringing rival applications for collective proceedings order on opt-out basis— Whether Competition Appeal Tribunal having jurisdiction to consider certifying proceedings on opt-in basis— Relative importance of strength of claim in determining whether proceedings to be opt-in or opt-out— Application of test of practicability— Appropriate criteria to apply in selecting between rival class representatives—
Competition Act 1998, s 47B
—
Competition Appeal Tribunal Rules 2015 (SI 2015/1648), r 79(3)(a)(b)
Evidence— Admissibility— Findings of fact in earlier proceedings— Proposed class representatives in application for collective proceedings order seeking to rely on European Commission findings in different action to support their case on causation— Whether findings admissible
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