Hausfeld Perspectives - Podcasts

Can consumers priced out of a market as a result of anticompetitive conduct bring a claim to compensate for that loss? That was the subject of the recent strike‑out application in Consumers' Association v Apple Inc, a collective claim concerning Apple’s iCloud storage service including on behalf of consumers who did not in fact purchase iCloud storage. 

In our latest Collective Cast episode, Michael Zymler is joined by partners Luke Streatfeild and Daniel Hunt to explore the concept of a claim for such “foregone consumer surplus” and examine the Tribunal’s split decision on whether this novel head of loss can proceed to trial.

Most people assume justice is available if you have been wronged. The harder truth is that many of the biggest harms are invisible, shared across millions, and too expensive to challenge alone. We explore how litigation for the greater good actually works when the defendants are well resourced, and the real losses sit inside things like pensions, consumer purchases, or communities harmed by environmental damage, and the defendants are well resourced.

Hosted by Anna Gilbert, Divisional Director within Howden's Litigation Risk Management team, and joined by Hausfeld lawyers Lucy Pert and Simon Bishop, together they unpack the idea of “law as a force for good” beyond the usual soundbites. We talk through climate and human rights style claims, but also the less obvious cases that still protect society: emissions litigation, competition and consumer redress, and securities claims where misleading markets can affect huge groups of investors and everyday pension savers. Along the way we discuss how claimants are identified when they don’t even know they’ve suffered harm, and why collective actions and group litigation can be the only realistic route to accountability.

We also get practical about the machinery that makes these cases possible. Third-party litigation funding, ATE insurance and newer own-side cost insurance can shift risk off balance sheets and open the door to fairer pricing and more options. We look at how regulators and private enforcement interact, why deterrence matters, and what might change next, from procedural reform for collective redress to the growing role of AI in securities disclosures and trading.

Recent jurisprudence from the Competition Appeal Tribunal has examined the important role of costs in litigating collective proceedings.

In our latest Competition Cast, Michael Zymler is joined by partners Luke Streatfeild and Daniel Hunt to discuss these recent cases and the strategic considerations at play when claimants and defendants think about costs.

2025 marked a decade since the opt-out regime came into force - and delivered historic firsts, including the first successful damages award to a class in Kent v Apple.

In our latest Collective Cast, Luke Streatfeild, Daniel Hunt, and Michael Zymler review:

• New claims filed and certified
• Key judgments and rulings that shaped 2025
• What’s ahead for 2026

Margherita Cornaglia from Landmark Chambers to discuss the International Court of Justice (ICJ)’s advisory opinion on states’ obligations in respect of climate change. They explore WWF’s submissions and the ICJ’s findings regarding obligations on biodiversity, what the opinion means for corporate as well as state accountability, and how it may influence future strategic litigation against private and state actors at the domestic level. As climate litigation continues to evolve rapidly across jurisdictions, this episode offers practical insights into how the ICJ opinion is expected to shape that landscape.