Distribution of Damages: The possible roles of the lawyer, economist and claims administrator
15 Sep 2023
Location: 12:00-1:00 pm UK Time Virtual Event (Zoom) Members: FREE to attend - Book by 15 Sep Non Members: Register above as a member and attend for FREE - Book by 15 Sep
Highlights
Discussing damages and distribution methodologies in collective actions and the possible role of lawyers, economists, and claims administrators. We will look at the nascent UK landscape and what we can learn from the US experience.
The UK collective action regime was introduced in 2015 and so far, despite 14 claims being certified and 5 being listed for trial, so far, there have been no distribution of damages to class members. However, in an emerging body of case law, the Competition Appeal Tribunal, Court of Appeal and Supreme Court have given guidance about factors to consider at the distribution phase which will inevitably inform the distribution process in ongoing cases, but which can also help tailor the Notice and Distribution plans prospective class representatives must put together at the outset of the claim.
At this point, the leading Supreme Court judgment in Merricks states only that the distribution should be “just, in the sense of being fair and reasonable”, but that “the selection of the fairest method will best be left until the size of the class and the amount of the aggregate damages are known.”
This webinar will look at how a class representative can show from a legal, economic and practical perspective what is “fair and reasonable”, considering the potential conflict between the legal test, economic modelling and the practical realities of distributing damages, including considering how distribution works elsewhere, particularly in the US.
UK Managing Director
Angeion
Angeion
Partner, Economic Consulting
Grant Thornton
Schellion Horn is a Partner in Grant Thornton’s Economic Consulting team. A postgraduate economist by training, she has over 20 years of experience providing regulatory and competition economic advice.
Her focus is on advice and expert testimony in the context of competition abuses and damages including class actions. Schellion has a particular interest in ESG including calculating the returns from investment in ESG activities and is increasingly engaged in ESG shareholder disputes including securities litigation.
Grant Thornton
Senior Associate
Scott+Scott
Douglas Campbell is a senior associate in the Firm’s London office.
Mr. Campbell regularly works with clients and counsel, considering competition and regulatory claims, assessing their merits and viability. He has considerable experience in the third-party funding sector, working on funded cases and preparing proposals, and is highly familiar with the collective actions regime under the Consumer Rights Act 2015.
Mr. Campbell’s current competition damages work includes acting for the proposed class representatives in opt-out collective actions on behalf of victims of the foreign exchange cartels and victims of the maritime car carrier cartel, as well as acting for several retailers with claims against Visa and Mastercard in respect of interchange fees and rules imposed relating to the card-payment schemes. His current commercial litigation work includes acting in a damages claim against an investment bank, on behalf of a former managing director, wrongly convicted of espionage while working for the bank in Romania.
Prior to joining Scott+Scott, Mr. Campbell spent six years working for a major UK law firm in Edinburgh and London. During this time, he acted in a number of competition damages, and general commercial claims. His experience includes acting for a Part 20 Defendant airline in the Air Cargo follow-on and stand-alone damages claims, acting for a FTSE 250-listed company, coordinating a claim against a major UK bank for manipulation of the Foreign Exchange market, acting in a shareholder dispute in relation to an English Championship football club and acting for a money transfer business in an abuse of dominance claim against a major UK bank (obtaining injunctive relief).
REPRESENTATIVE CASES:
Michael O’Higgins FX Class Representative Limited in a CRA claim in the Competition Appeal Tribunal arising from the FX Cartels.
Mark McLaren Class Representative Limited v MOL (Europe Africa) Ltd and Others
Acting for a large number of retailers (including Vodafone, Hermès, GrandVision, Michelin, Dunelm, Soho House, Grange Hotels) in their claims in the English High Court against Visa and Mastercard in relation to anti-competitive interchange fees
Acting for the Claimant, Vadim Benyatov, in a claim against his former employee, Credit Suisse, relating to losses suffered by Mr Benyatov while working for the bank in Romania – Vadim Don Benyatov v Credit Suisse Securities (Europe) Limited, Claim No. QB-2018-001043 (The Lawyer’s and Law360’s “Top 20” cases to watch in 2020 and 2021)
REPRESENTATIVE CASES AT PRIOR FIRMS:
Acted for a Part 20 defendant in the Air Cargo Litigation: Emerald Supplies Limited v British Airways Plc
Scott+Scott
Agenda
Speakers:
Schellion Horn - Partner, Economic Consulting - Grant Thornton
Douglas Campbell - Senior Associate - Scott+Scott
Event Partners
Event Partner
Contact Us
If you are interested in this event and would like some more information before making your decision to attend please contact Maddi on +44 20 3398 8545 or email maddi@thoughtleaders4.com