Collective Action Litigation

The massive U.K. collective lawsuit against Mastercard will return to the Competition Appeal Tribunal for further proceedings as a result of the December 11, 2020 Judgement of the U.K. Supreme Court. The high-profile lawsuit is the first under the U.K.’s recently adopted opt-out collective action procedures for consumer protection claims. The case is also the first collective action proceeding to reach the U.K Supreme Court. The Court’s judgment sets out important guidelines and principles for collective action proceedings. The Court’s December 11, 2020 Judgment can be found here. A written summary of the Court’s Judgment can be found here, and a video summary of the Judgment delivered by Lord Michael Briggs can be found here.
Continue Reading U.K. Supreme Court Ruling Clears Way for Massive Opt-Out Collective Action Proceeding Against Mastercard

Third-party litigation funding has its critics and detractors (refer, for example, here and here). The fact is that third-party litigation funding is now well-established and is here to stay. A recent survey by one of the leading funding firms, discussed below, confirms that the acceptance and use of litigation funding is growing rapidly. The more interesting question at this point is — what are the implications?
Continue Reading Thinking About the Growth of Third-Party Litigation Financing