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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...

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...

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...

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...

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...

I often hear the buzz words ‘opt out proceedings’ mentioned in the context of group litigation, and given that most English litigators won’t have experienced them, it struck me that it would be useful to explain such proceedings to readers. As a starter, ‘opt out’ is where representative proceedings are brought by a single claimant...

The last few months have seen group litigation on an unprecedented scale being answered by an unprecedented style of muscular case management by the High Court.