Monckton team succeeds in opt-out guidance appeal

Today, the Court of Appeal unanimously dismissed an appeal by BT against the Competition Appeal Tribunal’s certification, on an opt-out basis, of collective proceedings on behalf of over 2 million landline customers for alleged excessive pricing. BT’s appeal was dismissed in full.

The Court of Appeal’s judgment ([2022] EWCA Civ 593) is available here. It is a landmark decision setting out the legal test for certifying collective proceedings on an opt-out basis.

Ronit Kreisberger QC, Nikolaus Grubeck, and Jack Williams represented the successful class representative, Justin Le Patourel, instructed by Mishcon de Reya.