The mass provision of goods and services, the success of online delivery channels and the increasing power of big data means that the likelihood of commercial mistakes causing damage to thousands or even millions is greater than ever. Consequently, group litigation is on the rise.
Our team of specialist litigators are well placed to help develop and pursue group litigation procedures of all types. We have detailed experience of GLOs, representative actions, test cases and competition follow-on litigation with particular expertise in claims arising out of financial products, data issues and regulatory breaches. Our clients range from retail investors and SMEs, to high net worth individuals and institutions, all of whom for various reasons have seen the benefits of litigating as part of a group, often backed by litigation funding and ATE insurance.
Due to the size and breadth of our overall litigation practice and the depth of our relationships with funders, brokers and ATE insurers, we are well placed to negotiate and structure funding for even the most complex group action. We are connected with the leading chambers, allowing us access to the finest legal and procedural minds; a huge benefit to those who are trying to develop and launch novel and complex claims.
- Initial case assessment and advice delivered in a commercial manner
- Assistance in team formation and obtaining counsel's advice for funding
- Expertise in the evaluation and negotiation of funding structures and ATE insurance policies
- Guidance on book building processes and activities
- Group litigation conduct and management
- Settlement of complex group proceedings
- Acting for one of the Claimant Groups in the RBS rights issue litigation Group claim, which ran from 2014 until settlement in June 2017. Our clients, who were fully funded and had ATE insurance, were one of 5 separately represented Claimant groups. In addition to running the claim for them, our role included advising our client group on costs and other issues arising under the GLO as between the different Claimant groups. We successfully settled our clients combined £250m claims in December 2016.
- Acting on the Royal Mail VAT GLO, the largest ever Tax group litigation matter in the UK. This involves drawing together hundreds of tax-payers seeking to recover taxes which have been overpaid.
- Acting for consumer rights champion Richard Lloyd in a multi-billion pound claim against Google for data breaches. This representative action is on behalf of over 5 million consumers.
- Acting on group and class action complaints for retailers involved in the MasterCard and Visa schemes.
- The Competition litigation team has a leading reputation for bringing competition law damages claims in the English Courts and the Competition Appeal Tribunal (CAT), and in arbitration working together with the Firm's international arbitration practice. Competition damages claims often relate to European wide or global cartels or other infringements and include considerations of whether to act in a small but closely aligned group of businesses or possibly a class action, whether on an opt in or opt out basis, in the CAT or a GLO in the High Court. In addition, the dynamics of cases involving infringements of US anti-trust laws means that that the group is expert in issues concerning the running of parallel "rest of the world" claims and the interactions between the US class action system and the English and other court and arbitration systems, in particular in Europe.
Live Group Actions
We act for consumer champion Richard Lloyd in a multi-billion pound claim against Google for data breaches. This representative action is on behalf of over 5 million consumers.
Mishcon are leading the largest tax group litigation the UK has ever seen. We act for hundreds of tax-payers seeking to recover taxes which have been overpaid to Royal Mail.
Interchange Group Actions
We act for two large claimant groups comprising several hundred franchisee members of a global fast food chain and over 150 hotel owners operating within a global hotel brand seeking the recovery of interchange fees paid on Visa and MasterCard transactions.