Group Action Litigation

Representing a large group of institutional and retail claimants in a CPR 19.8 representative claim for over GBP 20m by Manx Capital Partners against former members of the group including Scottish Widows and others for their share of the costs relating to the RBS Rights Issue Litigation.

Advising a leading European steel manufacturer in relation to allegations made by employees and other individuals that their finished products and packaging do not conform with permissible levels of lead and some categories of chromium, creating an alleged health risk.

Representing over 100 investors and a tax management company in two similar but separate CPR 19.6. fraud claims with the total value in excess of GBP 100m against a number of leading banks concerning misrepresentation and deceit in developing and promoting a tax deferral scheme in entertainment industry.

Representing a US tyre manufacturer in a precedent-setting claim filed by over 500 individuals concerning their anxiety to develop cancer from exposure to lawful but harmful chemical substances contained in the tyres due to the lack of sufficient warning to the end-users of the risks. The total value of the claims is EUR 50m. More significantly, should non-employee, non-asbestos consumer anxiety claims be recognised by the courts, the consequences will be enormous.

Representing leading manufacturers and large industrial groups in relation to more than 600 separate claims in different courts in France filed by former employees claiming to have developed asbestos-related diseases.

Representing leading manufacturers and large industrial groups in relation to more than 10,000 separate claims in more than 10 different courts in France filed by individuals on the grounds of their anxiety to develop an asbestos-related disease in the future (“fear of cancer” cases).

Representing the claimant in the groundbreaking GBP 50M dispute against Marks & Clerk LLP in relation to secret commissions earned from longstanding commercial referral arrangements with CPA Global. The case proceeded as a representative action under CPR 19.8 and became a leading authority on the issue of England's ability to host group action claims.

Representing a large group of retail investors in a ground-breaking piece of international investment litigation. It concerned breach of contract and misrepresentation claims against major life insurance companies to recover losses in excess of GBP 100m suffered from failed investment bonds. The proceedings in the Isle of Man are ongoing and are the first of their kind in that jurisdiction.

Representing a large group of institutional claimants (approximately 80) and retail claimants (over 8,000) in a complex group litigation against RBS and its former directors known as the "RBS Rights Issue Litigation." The case involved allegations of breach of statutory obligations under s.90 FSMA with respect to alleged omissions and/or misleading statements in a prospectus relating to GBP 12bn rights issue in 2008 following the acquisition of ABN Ambro, a Dutch bank. The areas of complaint included liquidity, capital, credit market exposures, risk management, VAR and LIBOR. This case was recognised as one of The Lawyer’s top 20 cases of 2017. Following this group claim a large number of other s.90 and 90A FSMA claims have since been issued in this ever growing and developing area of litigation.

Representing over 130 institutional shareholders in Barclays Plc claiming over GBP 500m in losses arising out of allegations arising under s.90 and 90A FSMA. The allegations arose from misconduct arising out of Barclays' liquidity dark pool and settlement agreements entered into between Barclays and the New York Attorney General and the Securities and Exchange Commission. This case was at the forefront of certain legal issues arising under s.90A FSMA including the issue of passive investors' rights to pursue redress, as well as the right by shareholders to obtain inspection from the company of legally privileged documents.

Representing over 200 institutional claimants with respect to over 1,000 different funds/portfolios in a c.GBP1.5bn group claim against Standard Chartered Bank re allegations of breach of statutory obligations under s.90 and s.90A FSMA 2000. The claim relates to alleged omissions and/or misleading statements in published information arising from alleged misconduct, including breaches of Iranian sanctions.  The matter generated significant Court rulings, including from the Court of Appeal, and has settled.

Representing Renault in worldwide investigations and proceedings relating to NOx diesel emissions, including international coordination and assistance, specifically, in relation to Nox Diesel Emissions Group Litigation in London, proceedings of an unprecedented scale (with around 1.8 million claims issued against car manufacturers) and complexity. In an extensive liability ruling in July, the High Court rejected all claims against Renault.