Group Actions

Representative cases

• VW NOx Diesel Emissions Litigation (ongoing)

  Group Action arising from noxious car emissions

• Municipo de Mariana v BHP Group PLC ([2020] EWHC 2930 (TCC)

  The High Court has struck out claims brought by more than 200,000 Brazilian claimants in the English courts against British and Australian holding companies in relation to the collapse of the Fundao Dam in Brazil in 2015. Details here

• Seroxat Group Litigation Bailey and others v GlaxoSmithKline [2020] EWHC 1766 (QB)

  Seroxat Litigation: Judgment for GSK with indemnity costs and £4.5m interim payment in landmark product liability group action success (July 2020). Details here

• Dring (on behalf of The Asbestos Victims Support Groups Forum UK) -V- Cape Intermediate Holdings Ltd [2020] EWHC 1873 (QB)

  The Cape v Dring litigation concerns an attempt by a non-party to obtain copies of the trial bundle used during a six-week asbestos trial involving Cape which settled before judgment in early 2017. At first instance the Master granted the non-party permission to have copies of all documents, including the trial bundle of 5000 pages of disclosure, referred to at the trial. The Supreme Court confirmed in July 2019 that the non-party was entitled to written submissions, witness statements and expert reports under the inherent jurisdiction of the court, but remitted the question of what, if any, documents in the trial bundle the non-party should obtain to the original trial judge. On 16 July 2020 Picken J considered that question and held that Mr Dring was not entitled to receive any other documents. Details here

• The Post Office Group Litigation (2018/2019 - TCC)

  One of The Lawyer’s Top 20 Cases, Civil Litigation Brief ‘case of the year’ 2019

  Final judgment in the Post Office Group Litigation (December 2019)

  Representing over 500 current and former postmasters in a widely publicised Group Action against Post Office to recover business losses said to result from failures in Post Office’s Horizon electronic point of sales (EPOS) and accounting system.  Widely reported: BBC, Daily Mail, FT and Joshua Rozenberg.

  Leading judgment ([2019] EWHC 606) on the developing field of relational contracts and duties of good faith in commercial contracts and on range of other complex contractual and agency issues.  Successful judgment following trial of IT expert issues in 2019 ([2019] EWHC 3408). Further judgment ([2019] EWHC 871) with respect to failed application by Post Office to recuse a Managing Judge in Group Litigation.

• AAA & Others v Unilever PLC [2018] EWCA Civ 1532

  AAA & Others v Unilever PLC 

  Jurisdiction decision, the Court of Appeal (Lady Justice Gloster, Lord Justice Sales and Lord Justice Newey) has decided that Unilever’s Kenyan subsidiary should not face claims in England and Wales based on injuries suffered by visitors to and on its tea plantation in Kenya (arising out of Post- Election Violence, at the hands of third parties, in 2007.)

• Google Data Breach Class Action

  Google Data Breach Class Action

  A representative action on behalf of approximately 5.4 million iPhone users issued against Google November 2017.

• DePuy Pinnacle Metal on Metal hip litigation [2018] EWHC 1208 (QB)

  DePuy Pinnacle Metal on Metal hip litigation

  In a decision that will be very influential for other metal on metal claims, on 21 May 2018 judgment was given in favour of the defendant DePuy International Limited on preliminary issues in the DePuy Pinnacle Metal on Metal group litigation.

• Ocensa Pipeline Group Litigation [2016] EWHC 1699 (TCC)

  Ocensa Pipeline Group Litigation

  Colombian Farmers / OCENSA Pipeline litigation: Defending oil pipe nuisance, environmental and property damage claim in Colombia.

  Following a 4 ½ month Trial in the TCC, the defence was successful and all of the Lead Cases were dismissed.