Mark McLaren Class Representative Limited v Kawasaki Kisen Kaisha Ltd and others
[2025] CAT 4
15 Jan 2025
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The Competition Appeal Tribunal has handed down its judgment explaining the reasons for granting the recent joint applications for collective settlement approval orders in respect of the McLaren opt-out collective proceedings made by the class representative and two sets of defendants.
The judgment contains important guidance on the type of evidence the Tribunal expects to see in support of such applications, and how the Tribunal will seek to manage potential conflicts of interest between class members, on the one hand, and legal representatives, funders and insurers of the class, on the other. All those involved in, and contemplating the resolution of, opt out collective proceedings will wish to consider the Tribunal’s guidance.
Hanif Mussa KC appeared for Kawasaki Kisen Kaisha Ltd, one of the settling defendants, instructed by Cleary Gottlieb Steen & Hamilton LLP.
The judgment is available here.
