In this 29th episode of our series of commercial litigation update podcasts, we focus on developments relating to class actions, where there has been a huge amount of activity over the past couple of months. We will discuss cases brought under the CPR 19.8 representative action proceedings, group litigation orders, and the competition collective proceedings regime in the Competition Appeal Tribunal. This episode is hosted by Maura McIntosh, a knowledge counsel in our litigation team, who is joined by Gregg Rowan, a disputes partner, and Joe Williams, a senior associate in our competition, regulation and trade team.

Below you can find links to our blog posts on the developments and cases covered in this podcast.

• Data class actions: Court of Appeal upholds decision blocking "opt-out" representative action for misuse of private information https://www.herbertsmithfreehills.com/notes/litigation/2024-12/data-class-actions--court-of-appeal-upholds-decision-blocking--opt-out--representative-action-for-misuse-of-private-information

• High Court refuses to allow representative action to be brought on behalf of copyright owners in IP case https://www.herbertsmithfreehills.com/notes/litigation/2025-01/high-court-refuses-to-allow-representative-action-to-be-brought-on-behalf-of-copyright-owners-in-ip-case

• Court of Appeal rejects attempt to bring securities class action using CPR 19.8 representative action as an "opt-in" procedure https://www.herbertsmithfreehills.com/notes/litigation/2025-01/court-of-appeal-rejects-attempt-to-bring-securities-class-action-using-cpr-19-8-representative-action-as-an--opt-in--procedure

• High Court rejects "price/market reliance" for s.90A and Schedule 10A FSMA claims https://www.herbertsmithfreehills.com/notes/litigation/2024-11/high-court-rejects--price-market-reliance--for-s90a-and-schedule-10a-fsma-claims

• High Court finds companies can assert privilege against their shareholders https://www.herbertsmithfreehills.com/notes/litigation/2024-11/high-court-finds-companies-can-assert-privilege-against-their-shareholders

• Group litigation orders: Court of Appeal considers binding effect of decisions in test cases https://www.herbertsmithfreehills.com/notes/litigation/2024-12/group-litigation-orders--court-of-appeal-considers-binding-effect-of-decisions-in-test-cases

• Court of Appeal finds claimants cannot be forced to pursue claims for environmental damage as "global claims" https://www.herbertsmithfreehills.com/notes/litigation/2024-12/court-of-appeal-finds-claimants-cannot-be-forced-to-pursue-claims-for-environmental-damage-as--global-claims-

• Opt-out competition class action rejected due to unsuitability of proposed class representative (PCR) https://www.herbertsmithfreehills.com/notes/litigation/2025-01/opt-out-competition-class-action-rejected-due-to-unsuitability-of-proposed-class-representative-(pcr)

• Competition class actions: First case to go to trial ends in failure https://www.herbertsmithfreehills.com/notes/litigation/2024-12/Competition-class-actions--First-case-to-go-to-trial-ends-in-failure