2025 is off to a flying start in the UK volume claims space, with some significant developments already taking shape during January. We hope you enjoy our roundup of what we consider to be some key updates:
1. Ro-Ro shipping cartel class action goes to trial
A pivotal moment in the UK’s competition class action regime as Mark McLaren goes to trial against the remaining Defendants in his claim related to the Ro-Ro cartel. Scott+Scott leads the trial against the remaining four Defendants, which kicked off on 13 January 2025, having achieved settlement with the other 8 named Defendants prior to getting to the court room door.
The claim, which was filed in 2020, targets major shipping companies with allegations of overcharging consumers for vehicle deliveries. The trial is anticipated to last ten weeks.
Case Pilots are the appointed claims administrator for Mark McLaren
Read more here: CAT Tribunal
2. Dr. Rachael Kent's £1.5bn Claim Against Apple Enters Trial Phase
Another UK class action enters the court room, with the trial of Dr Rachael Kent’s collective action against Apple kicking off on 13 January. The claim, filed in May 2021, represents the first major legal confrontation with a big tech company to get this far in the Competition Appeal Tribunal class action process. Dr Rachael Kent argues that Apple’s excessive App Store charges have resulted in £1.5b in compensation being due to more than 19m UK consumers.
Read more here: CAT Tribunal
3. Christine Riefa: the first UK collective action to be refused certification
In a judgment published on 14 January, the Competition Appeal Tribunal refused Christine Reifa’s application for a collective proceedings order in her claim against Apple, finding that the proposed class representative had “not demonstrated sufficient independence or robustness so as to act fairly and adequately in the interests of the class.”
This signifies the first time a UK collective action has not be certified on the basis of the proposed class representative’s authorisation and sends a clear message to the market that “[a] class representative is not, and cannot be, merely a figurehead.”
Read more here: CAT Tribunal
4. Prof. Andreas Stephan wins carriage dispute in claim against Amazon
In a judgment handed down on 20 January 2025, the Competition Appeal Tribunal decided in favour of Professor Andreas Stephan’s proposed claim over a competing claim brought by Bira Trading, preferring the scope of the claim and expert methodology offered by Prof. Stephan.
Case Pilots are the appointed claims administrator for Prof. Andreas Stephan
Read more here: CAT Tribunal
5. Justin Le Patourel applies for permission to appeal
On 20 January, Justin Le Patourel applied for permission to appeal the Competition Appeal Tribunal judgment that found against him in December, in his £1.3 billion excessive pricing class action against BT.
In a decision that sent shockwaves across the industry, the CAT previously held that BT’s pricing was excessive but not unfair.
Case Pilots are the appointed claims administrator for Justin Le Patourel
Read more here: Gobal Competition Review
6. Wirral v. Indivior : Another door shut on High Court representative actions?
On 23 January, the Court of Appeal upheld the decision of the High Court to strike out Wirral Council’s attempt to use the representative action regime to bring claims under the Financial Services and Markets Act. The claim was a novel attempt at bringing a securities claim on behalf of investors in the UK on a bifurcated opt out basis.
However, the courts favoured the continuance of the pre-existing multi-party proceedings related to the same claims, stating that they provided the advantage of additional case management powers in deciding issues between the parties.
7. Walter Merricks and Mastercard's Settlement
The claim being brought by Walter Merricks, representing circa 44 million consumers, against Mastercard, is moving towards a £200m settlement. However, much of the focus is now on the arrangements with Mr Merricks’ funder, Innsworth Advisors and in an interesting turn of events this month, it was announced that Mastercard will back Mr Merricks, to the tune of £10m, in the arbitration proceedings being brought against him by Innsworth.
Read more here: Cat Tribunal
These developments during the first month of the year reflect the rapidly evolving nature of collective redress in the UK and lay the foundation for another busy year ahead for those involved in one of the most innovative and dynamic areas of law practice at present.
