The Lawyer's watchlist 2023: City litigators anticipate the biggest cases

Following their annual Top 20 Litigation Cases for 2023, The Lawyer asked litigators across the hottest practice areas to reveal which cases and appeals they’re keeping an eye on this year, and why.

Partner Wessen Jazrawi shared her views:

"We will be watching closely the hearing before the Supreme Court in February 2023 of R (on the application of PACCAR Inc and others) v Competition Appeal Tribunal and others. The Supreme Court will be hearing arguments on whether the litigation funding agreement in question is, in fact, a DBA, which would render it unlawful under s47C(8) of the Competition Act 1998. The outcome has the potential to radically impact the collective actions regime, and the number of cases that we currently have pending before the CAT.

We will be monitoring certification hearings in several cases, including Dr Lovdahl Gormsen v Meta Platforms, Inc. and Others given our focus on Big Tech, as well as the developments in collectives in other industries such as the #digital asset space in BSV Claims Limited v Bittylicious Limited & Others.

We are awaiting judgment in respect of BT and Royal Mail’s claims against a number of Trucks defendants which will make important findings on overcharge and pass-on which will be of relevance not only to our Trucks claims but across the competition bar, and will be watching closely Dawson group plc and Others v DAF Trucks N.V. and Others which will be going to trial in the CAT in March.

Finally, in terms of regulatory developments, January 2023 will see a new UK subsidy control regime come into effect. This will require public bodies to adapt and update their approaches to meet the new rules, and 2023 may well see the development of related competition law litigation."

The full-length article (subscription may be required)

Other Publications