A case management conference (or CMC) took place on 15 January 2021.
The purpose of the CMC was to set a timetable for stages leading up to and including the certification hearing at which the Tribunal will make a collective proceedings order, authorising the proposed class representative and certifying the claims as eligible to be included in collective proceedings. The certification had been listed for 1 March 2021 but was postponed in light of a judgment handed down by the UK Supreme Court in an earlier collective action, which gave important guidance on the test for certification.
After the UKFX claim was filed, a subsequent application was by Mr Philip Evans, who is seeking to bring a very similar claim on behalf of a similar class. In those circumstances, the Tribunal must decide which of the proposed representatives would be more suitable to act as class representative (this process of selection is referred to in Canadian class actions as a “carriage dispute”).
The certification hearing has been listed for five days from 12 July 2021. The Tribunal will hear the carriage dispute at the same time.
Between now and the certification hearing, the banks must file their responses to our application, in which they are likely to argue that the claim should not be certified. We will then have an opportunity to reply to any points they make. We and Mr Evans shall also have the opportunity to file submissions and supporting evidence in support of our positions on the carriage dispute. We must also publish a formal notice to potential class members, providing information about our and Mr Evans’ applications. Class members or other interested persons will have an opportunity to object to either or both proposed claims (ours and Mr Evans’), or apply to make submissions to the Tribunal.
Once it becomes available, a copy of the Tribunal’s order will be posted on the claim website.