05:10, November 20 331 0

2017-11-20 05:10:18
The 60 second interview: Britain won’t have a class action culture

White & Case Partner Marc Israel talks about the chances of the UK getting a US class actions culture, ahead of his session at The Lawyer’s Managing Risk and Litigation conference next month.

Not any time soon. Whilst there are changes that may superficially look like class actions in some respects in my area of competition law – e.g. the ability to bring opt-out collective proceedings before the Competition Appeal Tribunal – there are still a large number of differences.

We have certainly seen a cultural shift in the willingness of claimants to bring actions for damages following cartel and other competition law infringements, but they are different to US-style class actions.

Not in my area of competition law. The collective actions, as well as follow-on damages cases, that we see here relate to conduct that occurred in Europe. The companies concerned may also have been involved in anti-competitive conduct in the US – which may lead to litigation there – but is often quite separate.

In the area of competition law, I’m not sure that many damages cases have been arbitrated. To the extent arbitration is used it is likely to involve the more substantial claimants so could well reduce, if not eliminate, the risk of collective proceedings here.

Become an architect, but was put off by another 7 years of study.