(1) Wirral Council as administering authority of Merseyside Pension Fund (claimant/appellant) v Indivior PLC (defendant/respondent) (2) Wirral Council as administering authority of Merseyside Pension Fund (claimant/appellant) v Reckitt Benckiser Group PLC (defendant/respondent)

Tuesday 10 – Wednesday 11 December 2024

Appeal against the Orders of Mr Justice Michael Green, sitting in the Business and Property Court, Financial List, of 5 December 2023 that struck out the claims and 19 December 2023 that dealt with costs.

The Representative Claimant, Wirral Council as administering authority of Merseyside Pension Fund (“Wirral”), began “Representative Proceedings” against each Defendant, Reckitt Benckiser Group plc (“Reckitt”) and Indivior plc (“Indivior” and collectively the “Defendants”), to pursue claims under ss.90 and 90A and Schedule 10A of the Financial Services and Markets Act 2000 (“FSMA”). The Defendants issued applications to strike out the Representative Proceedings (or that Wirral may not act as a Representative Claimant, but this amounts to the same thing) on the basis that the Representative Proceedings are not the appropriate procedure for these claims under FSMA. The Defendants say that the claims should be brought in the usual way by ordinary multi-party proceedings with each purportedly represented person being a claimant.

View hearing:

Day 1

Part 1

Part 2

Day 2

Part 1