Costs hurdle cleared in first opt-out collective proceedings application

An interesting article on Litigation Futures concerning the first application to certify an opt-out class action under the new collective proceedings procedure in the Competition Appeal Tribunal. DOROTHY GIBSON -v- PRIDE MOBILITY PRODUCTS LIMITED Neutral citation: [2017] CAT 9

There were some interesting observations noted on the question of costs i.e. level of budgets, provision of ATE funding and proportionality. Let’s hope the actual costs position in this claim does not set a bad example for the new opt-out scheme. Some of us will remember a previous attempt at a collective claim within the CAT under the opt-in scheme, The Consumers’ Association v JJB Sports Plc Neutral Citation [2009] CAT 2 Which? did not turn out so well for the winners…

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