Monckton Chambers is in the vanguard of collective proceedings and class action litigation. Its members’ unparalleled experience, across a range of different jurisdictions, makes them the stand-out choice for any party involved in group litigation.
Members are involved in all the leading cases that are shaping the UK’s new collective proceedings regime in the Competition Appeal Tribunal. Monckton barristers led the successful defence in the very first collective proceedings in Dorothy Gibson v Pride Mobility Products Limited [2017] CAT 9; and the successful appeal in the leading case on certification, Walter Hugh Merricks CBE v Mastercard Incorporated and others [2020] UKSC 51.
Recent cases include:
Gormsen v Meta
Kent v Apple
Coll v Google
Gutmann v First MTR South West Trains Limited and Others
Boyle & Vermeer v Govia Trains
Justin Le Patourel v BT Group plc
Which? v Qualcomm
UK Trucks Claim Limited v Fiat Chrysler Automobiles N.V. and Others
Road Haulage Association Limited v Man SE and Others
Michael O’Higgins FX Class Representative Limited v Barclays Bank PLC and Others
Mr Phillip Evans v Barclays Bank PLC and Others
Mark McLaren Class Representative Limited v MOL
Members also regularly advise on the parallel regime under CPR Part 19, and were involved, for example, in Emerald Supplies & others v British Airways plc [2010] EWCA Civ 1284.
More information is available on our Competition page. For Competition barristers click here.
Members are involved in the leading group litigation concerning breaches of the GDPR and Data Protection Act 2018. Monckton barristers appeared for the Information Commissioner and the Open Rights Group in Lloyd v Google [2021] UKSC 50, and their recent cases include Duncan McCann v Youtube (a claim brought by some 5 million children and their parents in relation to the way YouTube uses the personal data of child users) and Grahame Smith and ors v. TalkTalk (a claim brought by around 400 claimants who suffered damage and loss as a result of a data protection breach by TalkTalk).
Members are involved in a variety of civil liberties and human rights, including in particular Francovich damages claims such as R (The3Million and others) v Minister for the Cabinet Office.
Members are involved in large scale group litigation in relation to unfair contract terms, unfair advertising and misleading commercial practices under the new provisions for direct consumer redress under the Consumer Rights Act 2015. Recent cases include the Dieselgate and AdBlue litigation.
Monckton Chambers welcomes instructions in collective proceedings in commercial law, shareholder class actions, and claims under s. 90 / 90A Financial Services and Markets Act 2000. Monckton’s commercial team routinely act in myriad banking and finance disputes and this, coupled with members’ wealth of experience in collective proceedings and class action litigation across multiple practice areas, makes Monckton barristers the first choice such work.
Members also have experience of group litigation and related procedures in tax and duties cases, for example, Monckton barristers successfully defended the first High Court group litigation proceedings in VAT (FJ Chalke Limited and AC Barnes (Wokingham) Limited v HMRC [2010] EWCA Civ 313, concerning the VAT Interest Cars Group Litigation).
In the First-tier Tax Tribunal, Members are regularly involved in “Rule 18” formal “Lead Case” procedures. Recent cases include the “Colchester Institute Corporation” (see [2018] UKFTT 479 (TC) and [2021] STC 15) and the “Fareham College” Lead Case group litigation.
In addition members have extensive experience of the management of litigation for and against large groups of claimants through other procedures, such as the selection of informal lead cases or test claims.
More information is available on our Tax and duties page. For Tax and duties barristers click here.
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