The Collective Cast - Looking back at Phillip Evans v Barclays Bank

In December 2025, The Supreme Court handed down its judgment in Philip Evans v Barclays Bank, restoring the CAT’s first instance decision and giving its first guidance on the certification of opt‑out collective proceedings since Merricks.

In our Collective Cast episode, Michael Zymler discusses the judgment with David Lawne and Rachael Baillie-Barnes and draws on their experience acting for the Proposed Class Representative, Mr Philip Evans. They consider what the decision means for competition collective actions, including:

• the CAT’s discretion in choosing between opt‑in and opt‑out
• the role of merits at certification
• the broad, fact‑sensitive concept of practicability

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