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Group Litigation

Group Litigation

The mass provision of goods and services, the proliferation of online delivery channels and the advance of big data make commercial mistakes on an industrial scale ever more likely. Damage to thousands or even millions of people means group litigation is on the rise.

Our team of specialist litigators knows how to develop and pursue group litigation procedures of all types, including group litigation orders, representative actions, test cases, and competition follow-on litigation. We have a particular reputation for winning claims connected with financial products, data issues and regulatory breaches. The size and breadth of our overall litigation practice, allied to the depth of our relationships with funders, brokers and After The Event (ATE) insurers means that we can negotiate and structure funding for even the most complex group action.

Our connections with leading chambers also give us access to the finest procedural minds: a huge benefit to those trying to develop and launch novel and complex claims. Our clients range from retail investors and SMEs, to high net worth individuals and institutions, all of whom for their own reasons appreciate the benefits of litigating as part of a group, often backed by litigation funding and ATE insurance.

How our class action lawyers can help you

  • 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

In February 2024 Mishcon de Reya acquired a majority stake in Somos, a full-service group actions management business that builds, develops and manages group action claims from inception through to conclusion.

Live group actions

Our Competition Team has launched an opt-out collective action, Justin Le Patourel v BT Group Limited, in the Competition Appeal Tribunal, which seeks to represent over 2 million of BT's most loyal customers. The action relates to consumers who were overcharged for their standalone residential landlines (home phones) from at least 1 October 2015 and represents a claim of nearly £600 million. Learn more at CALL (the Collective Action on Land Lines).

We are looking into the claims of the Hiscox Action Group, a collective of Hiscox clients whose coronavirus-related business interruptions claims were rejected. The group now consists of hundreds of policyholders.

Acting for over 100 investors in various film finance partnerships structured by Ingenious Media and others.

They have brought claims in fraudulent misrepresentation, arising out of statements made by Ingenious in the promotional material that was used to market a number of allegedly tax efficient film investment schemes. Those schemes were subsequently challenged by HMRC and findings were made in the First Tier Tax Tribunal, subsequently upheld and reinforced on appeal, as to how they were structured and funded.

As a result of those findings, our clients have had to repay very substantial sums to HMRC that were previously granted by way of tax relief. Our clients say they would never have invested in the schemes if they had known the truth as to how they were intended to operate.

Our clients' claims are fully funded by a well-known litigation funder. The claims have been consolidated with those of two other groups in consolidated proceedings with an assigned judge. The aggregate claim value is likely to exceed £250 million.

We are pursuing a class action professional negligence/breach of contract claim on behalf of approximately 40 individuals against a company that introduced a group of high net worth individuals to highly publicised film partnership tax schemes.

This case will consider the advice to move the schemes offshore, the steps required to implement that advice and the company's subsequent communications with HMRC in respect of the move. We have secured funding for the claim for a third party litigation funder. The matter is proceeding before the Courts in Jersey.

We continue to help institutional shareholders obtain compensation for losses they have suffered through investments in UK listed companies which have misled the market.

Our long-established relationships with well-known litigation funders and ATE Insurers allows us to pursue these claims effectively and at no cost to the shareholders affected. The London stock exchange provides exposure to many the world's largest and most successful companies but with accounting scandals and corporate fraud hitting the headlines with increasing frequency we help investors recover losses they have suffered as a result, in doing so holding those responsible to account for the damage caused to innocent investors and their stakeholders.

To date we have represented well over 100 institutional investors, including well-known public and private sector pension funds and sovereign wealth funds from all around the world, recouping losses in excess of £250million. The team have represented claimants in more cases under s90 and 90A FSMA than any other in the UK with publicly reported cases including RBS and Cattles. Most of the claims we have brought remain unpublicised as a result of our strategy generally being designed to promote an early stage settlement.

We are advising a number of household name retailers, including Asda, Currys, Iceland, John Lewis, Sainsbury's and Wilko (in administration).

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.

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