January 10, 2022

Becca Hogan of Law Gazette predicts that recent landmark 'opt-out' cases have helped in the law of England and Wales, and the wider legal system, to combine to create an extremely powerful way for consumers to discharge their rights. With the first three opt-out collective actions having been approved, she predicts it is likely that we will see an increase in claimants pursuing breaches of competition law on an opt-out basis.
Technology giant Apple has lost a bid to reveal a proposed representative claimant’s after-the-event insurance premiums, with the Competition Appeal Tribunal ruling that disclosure would provide an ‘unfair tactical advantage’ by revealing the insurers’ assessment of risk. The class action is seeking estimated damages of up to £1.5 billion. A hearing to decide whether to grant a CPO in the proposed claim brought by Dr Rachael Kent – who is represented by international disputes firm Hausfeld and backed by litigation funder Vannin Capital – is due to take place in May.
A US Magistrate Judge has denied Facebook Inc's request for litigation funding information in a trade secrets lawsuit being pursued by Neural Magic Inc, an artificial intelligence startup. According to the startup's filing, Facebook and a former employee sought information on the litigation funder's identity and the nature of the funding agreement. The judge found the requested information irrelevant or "not proportional to the needs of the case."
An Ontario court has awarded $107 million, plus interest, to the families of six people who died in the destruction of Ukraine International Airlines Flight 752 almost two years ago. Lawyer Mark Arnold has said that his team will look to seize Iranian assets such as oil tankers in Canada and abroad to pay what the families are owed. New York-based Galactic Litigation Funders is backing the case.
£72 million seized from a Swiss bank account and a portfolio of luxury London properties can be sold off in the pursuit of £300 million stolen by the former head of an international paper company, the UK High Court has ruled. The Kazakstan-based KK Group has spent years chasing its former chief executive, Maksat Arip, after he was found to have siphoned off huge sums of money with the help of chief financial officer Shynar Dikhanbayeva. “This is a momentous milestone in successfully enforcing a very valuable judgment”, said Mark King, Senior Director of Litigation Funding at Harbour, the funder bankrolling the enforcement efforts.

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