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The High Court unanimously found that the class action waiver clause in the US passengers’ terms and conditions was unfair and therefore void, and agreed with the Primary Judge, Justice Stewart, that the exclusive jurisdiction clause (in favour of the US courts) in those terms and conditions should not be enforced.
The result means that overseas passengers can participate in the class action, which was successful at initial trial in October this year. More broadly, this is an important judgment for Australian consumer law and group actions giving clarity on the enforceability of class action waiver clauses in Australia. A summary of the High Court’s judgment can be found here.
Robert Rothkopf provided a funder’s view on group and class action proceedings in the UK for the Houthoff Class Action Survey 2024. The survey offers perspectives on class action trends in 12 jurisdictions.
Robert’s predictions for the future of class actions in the UK included the expansion of claim types that will be permitted under the opt-out jurisdiction, and confirmation of the court’s jurisdiction to order defendants to pay litigation funding costs on top of damages where defendant wrongdoing and/or litigation conduct is egregious, instead of claimant’s meeting funding costs from compensation.
Thanks to Houthoff for their initiative in leading this important research.
Balance is proud to share that we are supporting the Justice and Equity Centre (formerly the Public Interest Advocacy Centre) in its pursuit of strategic social justice litigation.
Balance is proud to support Velitor Law in their pursuit of landlords and insurance brokers for secret commissions.
Balance is proud to have been ranked again in the Chambers and Partners 2024 Litigation Support Guide in both the UK and Australia.
Robert Rothkopf, has been invited to speak at The Commercial Litigators Forum panel event discussing The Post Office Case on 12 June 2024.
Balance is a member of the Association of Litigation Funders of England & Wales. Our membership of the ALF requires us to satisfy on an ongoing basis stringent financial and capital adequacy tests and to comply with the ALF Code of Conduct.
Balance is a founding member of the Association of Litigation Funders of Australia, and a member of ILFA, the International Legal Finance Association.
Balance Legal Capital LLP is authorised and regulated by the UK’s Financial Conduct Authority.
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