A new consumer redress procedure on the horizon?
The introduction of a consumer class action regime On 20 April 2026, the Law Commission announced that it had been asked by the Government to assess whether the way consumer laws are enforced could be strengthened through the introduction of a consumer class actions regime. The initial stage is for anyone with an interest to...
The January 2026 statutory reforms to prospectus liability
On 19 January 2026, the Public Offers and Admissions to Trading Regulations 2024 (SI 2024/105) came into force. These provide a post-Brexit rewrite of the law on liability under offering prospectuses, previously derived from the EU Prospectus Regulation and contained in s90 FSMA 2000. This reform followed the Treasury’s 2020 UK Listings Review and 2021...
Trial split in group claims under FSMA s90A: a further recent development
The High Court has ruled that reliance issues in a s.90A FSMA securities claim against Boohoo should be tried at the first trial alongside liability and standing, signalling that courts may increasingly favour resolving most issues at trial one rather than deferring claimant-side issues to later stages.
Credit Suisse v Ivanishvili: A Turning Point for Deceit and s.90A FSMA Claims?
Background On 24 November 2025 the Privy Council handed down its decision in Credit Suisse Life (Bermuda) Ltd v Ivanishvili [2025] UKPC 53. The advice of the panel of judges was given by Lord Leggatt. Whilst this case concerns several issues, the one issue that is addressed in this blog is the fraudulent misrepresentation (deceit)...
Collective consumer redress – the motor finance case study
This blog post explores three recent cases currently in the hands of the appellate courts in England and Wales concerning the explosion in motor finance complaints and claims from consumers and claims management companies and lawyers.
Reflections on Wirral and a Top 6 of securities litigation cases
On 23 January 2025 the Court of Appeal gave judgment in Wirral Council v Indivior Plc [2025] EWCA Civ 40, dismissing Wirral’s Appeal against the striking-out of “representative” proceedings for compensation under FSMA s.90A/Sch.10A. Wirral’s aim had been, by use of CPR 19.8, to evade what has become standard case management in such claims, by...
Claimant Disclosure and Particularisation Developments in Group Claims
In an earlier blog I surveyed some recent developments in orders for defendant disclosure in group claims. Here I address the Courts’ recent approach to claimant disclosure and particularisation in such claims. How particular? The question of claimant disclosure often starts with the question of claimant particularisation. The nature of most group claims is that...
Disclosure developments in group claims
In a handful of group claim decisions in the last few months of 2024 a body of cases favouring early or broad disclosure to claimants has emerged, although the Courts nevertheless remain rightly mindful of the need to ensure that claimants are not assisted in fishing expeditions for claims they do not yet have a...
The narrowing of s.90A FSMA?
Last Friday, 25 October 2024, Leech J handed down an important decision in which he granted reverse summary judgment on a claim for price/market reliance in a s.90A FSMA (Allianz Funds Multi-Strategy Trust & Ors v Barclays Bank Plc [2024] EWCH 2710 (Ch). The core issue in question in this case is whether an investor...
Trial split in group claims under FSMA ss.90 & 90A: some recent developments
Group claims by shareholders against issuers of listed securities under ss.90 and/or 90A of FSMA have become increasingly common in recent years. When corporate misconduct is brought to light in (for example) public enquiries, investigations or settlements with regulatory or prosecuting authorities, claims under ss.90 and 90A often follow. The essence of such claims is...