Evans (appellant) v Barclays Bank plc & ors (respondents) and Michael O’Higgins FX Class Representative Limited (appellant) v Evans and others (respondents)
Tuesday 25 – Friday 28 April 2023
Evans – By Appellants Notice filed on 17 October 2022, Mr Evans appeals, with permission from the Competition Appeal Tribunal (CAT) its decision dated 31 March 2022  CAT 16.
O’Higgins – By Appellants Notice filed on 17 October 2022, O’Higgins appeals, with permission from the Competition Appeal Tribunal its decision dated 31 March 2022
By a majority the CAT decided:
(i) the claims as currently pleaded are so weak that they are liable to be struck out
(ii) that the Evans application and the O’Higgins application could and should be certified as collective proceedings
(iii) by a majority, neither application should be certified on an opt-out basis; both applications be stayed and each Applicant is permitted to submit a revised application for certification on an opt-in basis.
(iv) if contrary to the majority’s conclusion on the opt-in v opt-out issue, the proceedings were to be certified on an opt-out basis, the carriage of the collective proceedings should be granted to Mr Evans.
Appeals raise issues concerning the proper application of s47B of the Competition Act 1998. The collective proceedings ” follow -on ” from infringements of competition law established by two decisions of the European Commission in 2019. On 5 July 2022 the Commission published a further two decisions in relation to FX spot trading infringements.