Jurisdiction(s):
United Kingdom

UK Competition Appeal Tribunal refuses DAF permission to appeal on funding for RHA trucks CPO; RHA Used Trucks Ltd authorised as sub-class representative; upcoming UK competition dates

Published on: 04 November 2024

Published by a LexisNexis Competition expert

Legal News

Article summary

Private actions CAT refuses permission to appeal regarding CPO granted in Road Haulage Association collective damages action

The CAT issued its ruling in Road Haulage Association Limited v Man SE and Others on consequential issues—permission to appeal and costs—arising from its judgment granting a collective proceedings order (CPO) for the Road Haulage Association Limited (RHA) to pursue damages against a number of truck makers. On 2 August 2024, after the Court of Appeal remitted questions about a potential conflict following largely unsuccessful appeals against an earlier CAT decision, the CAT appointed a new entity, RHA Used Trucks Ltd (RUTL), as sub-class representative for claims concerning used trucks and made a CPO in favour of RHA as class representative. DAF sought permission to appeal, alleging that the funding structures for RHA and RUTL failed properly to reflect the Court of Appeal’s judgment. The CAT held that whether those funding arrangements adequately avoided conflict between the sub-classes was a matter of evaluative assessment rather than a point of law and, in any case, DAF’s grounds had no realistic prospect of success. See further, ruling. Upcoming dates: for forthcoming UK competition developments, see the UK Competition calendar...

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