Part VI The Legal Process, 23 Collective Proceedings

Abstract

This chapter studies the requirements for certification of a collective action. As from 2015, new opt-out and opt-in collective proceedings can be brought for the award of aggregate damages. These require certification by a collective proceeding order (CPO) application to the Competition Appeal Tribunal (CAT) before they can proceed to trial. The requirements for a CPO are set out in the Competition Appeal Tribunal Rules 2015 (CAT Rules) and CAT Guide to Proceedings 2015 (CAT Guide). A collective action must be brought in the name of an appropriate representative, which can be an individual or a body which need not be a member of the proposed class. The CAT will consider the suitability of the representative as part of the certification process. The class representative must show that the action is suitable for the award of aggregate damages and that the members of the class have a sufficient common interest. Lawyers for the class representative will play the major role in managing the claim, making funding arrangements, and communicating with class members.