Volkswagen and FCA cases show how foreign defendants can and cannot be brought into Dutch courts in WAMCA cases
Two cases of the Amsterdam District Court of 30 March 2022 provide valuable insights regarding the jurisdiction of Dutch courts in WAMCA cases with claimholders from different jurisdictions.
The gatekeeper role of the CAT in UK collective proceedings: Lessons from Mark McLaren v MOL & Others
As the number of collective proceedings continues to grow and more and more cases reach a certain stage of maturity, the emergence of certain trends such as the importance of a sound methodology can be observed.
We’re only at the beginning of spring 2023 and already the CAT has issued a sizeable number of decisions on the UK’s collective proceedings regime, the judgment of 20 February 2023 in Gormsen v Meta being especially noteworthy.
In WAMCA case against GXO Logistics, Dutch court refuses to apply opt-out principle to foreign claimholders
The District Court of Oost-Brabant in the Netherlands (Court) has emphasized in its interim judgment of 14 September 2022 that the exception to allow an opt-out regime for foreign interested parties should be used sparingly.
In its interim judgment of 1 February 2023, the District Court of Amsterdam (Court) delineated the temporal scope of the WAMCA versus the older WCAM regime by holding that a series of violations that constitute a continuous conduct fall within the scope of the WAMCA. In addition, the Court ordered disclosure of the funding agreement to the Court but not to the defendant.
On 16 February 2023, the UKSC heard one of the two satellite litigations in connection with the Trucks collective proceedings at the CAT – The question of whether LFAs, in fact, are DBAs.