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...
GLOs: a procedure of last resort?
When does having a group engaged in litigation justify a Group Litigation Order? The recent decision in Hammon v UCL [2024] EWHC 1744 (KB) suggests that the Court’s position on this has now evolved and that the door to such orders is not as open as it was in the first fifteen years or so...
Tune in, turn on and opt out – opt out court proceedings explained
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...
Pan-NOx: The High Court in the driving seat of group diesel litigation
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.