Disputes 180 Episode 11: Collective Proceedings in the Competition Appeal Tribunal

 

This episode explores a significant U.K. Supreme Court decision that clarifies how the Competition Appeal Tribunal should strike the balance between opt‑in and opt‑out collective proceedings. We outline the key factors the Court emphasised — including claim strength, the practicality of opt‑in actions, the Tribunal’s neutral starting point and limits on relying on third‑party findings. The episode highlights what this means for the future of U.K. class actions, with a more cautious and structured approach to opt‑out claims.

Resources:

• Evans (Respondent) v Barclays Bank Plc and others (Appellants) - UK Supreme Court
• 1336/7/7/19 Mr Phillip Evans v Barclays Bank PLC and Others | Competition Appeal Tribunal
• Competition Act 1998
• Competition Appeal Tribunal Rules 2015