The Lawyer's watchlist: City litigators anticipate 2022's biggest cases
To mark the announcement of their Top 20 Cases of 2022, The Lawyer asked experts across a wide range of practice areas to reveal which cases and appeals in the UK courts they are keeping an eye on this year and why.
In addition to leading experts from Herbert Smith Freehills, Eversheds Sutherland, Clyde & Co, RPC – to mention but a few - Scott Campbell, Partner and Head of Competition Disputes, shared which key appeals the team will be watching.
“Ball Bearings cartelist NTN is seeking the Court of Appeal’s permission to appeal a ruling by the Competition Appeal Tribunal, striking out NTN’s defence argument that the claimant mitigated the impact of any overcharge by reducing its own costs. The claimant had argued that NTN’s mitigation argument must be based on evidence of a clear causal connection between the overcharge and the resulting actions, rather than broad economic or business theory. Mitigation arguments are common in competition damages claims, so this appeal may impact the availability of such arguments.
A group of institutional claimants in a claim against the Forex cartel are seeking the Court of Appeal’s permission to appeal the rejection of their strike-out of the defendants’ arguments that any loss suffered by the claimants were passed on to investors. The High Court initially ruled that the arguments must be heard at trial. This appeal may impact who is able to claim for losses arising from competition law infringements, and relevant defence arguments.
BT has received permission to appeal the granting of a collective proceedings order (CPO) in relation to a collective action by representative Justin Le Patourel for the alleged abuse of dominance by BT for excessive pricing. BT argued that the CAT made various errors of law in granting the CPO, and permission has been granted on all grounds. The outcome of the appeal will impact where the threshold to strike out CPO applications is.”
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