A group of barristers at Blackstone Chambers are acting for the proposed class representative bringing the first competition damages claim under the new ‘class action’ regime.
If the action is certified, the proceedings would seek damages for consumers who were overcharged for their mobility scooters. The claim follows on from the decision of the Office of Fair Trading of 27 March 2014, which found that Pride Mobility Products Limited and eight retailers had infringed the Chapter I prohibition in the Competition Act 1998 by prohibiting the online advertising of certain mobility scooters below the recommended retail price.
Opt-out collective proceedings were first introduced to the UK on 1 October 2015 by the Consumer Rights Act 2015. They are a type of class action in which a claim is brought by a representative on behalf of an entire category of claimants (unless individuals falling within that class take the necessary prescribed steps to opt-out).
The CAT will now have to decide whether to make a collective proceedings order, which would authorise the proposed class representative (the General Secretary of the National Pensioners Convention) to continue the collective proceedings.
The CAT’s Notice can be found here: http://www.catribunal.org.uk/files/1257_Dorothy_Gibson_Summary_210616.pdf
Tom de la Mare QC, Tristan Jones and Daniel Cashman act for the proposed class representative.