The Court of Appeal has recently handed down two seminal judgments in the Trucks and Forex proceedings:
- UK Trucks Claim Limited v Stellantis NV (formerly Fiat Chrylser Automobiles NV) & Others and Traton SE & Others v Road Haulage Association Limited  EWCA Civ 875 (Trucks); and
- Mr Phillip Gwyn James Evans v Barclays Bank Plc & Ors and Michael O’Higgins FX Class Representative Limited v Barclays Bank PLC & Ors  EWCA Civ 876 (Forex).
The judgments will be of particular interest to financial institutions following developments in the class actions space, as the decisions are likely to have a significant impact on the collective proceedings regime in the Competition Appeal Tribunal (CAT). Notably, the judgments assist in clarifying: (i) the test for determining whether collective proceedings should be certified on an opt-in or opt-out basis; (ii) the test for determining carriage (that is, where multiple proposed class representatives seek to take “carriage” of the same or similar claims) and how the carriage process should be conducted; and (iii) how to resolve potential conflicts of interest within the class. The judgments also contain a number of other important statements (some of which are obiter) which may have implications for the collective proceedings regime.
For further information, please contact:
Rupert Lewis, Partner, Herbert Smith Freehills