Tyr is delighted to share that its client, RHA Used Trucks Limited (RUTL), has been authorised by the Competition Appeal Tribunal as the sub-class representative for claimant purchasers and lessees of used trucks in the high profile RHA Trucks competition litigation. The claimants in this litigation (brought by the RHA) are seeking follow-on damages from various truck manufacturers arising from the trucks cartel (the subject of the European Commission decision of 19 July 2016).
Tyr was instructed by RUTL following a Judgment of the Court of Appeal in July 2023 which held that used truck claimants should have the benefit of separate representation due to the risk of a conflict of interest between new and used truck claimant groups arising out of the issue of resale pass on.
In order to address the Court of Appeal’s conflict concerns to the satisfaction of the CAT, RUTL’s legal and expert team have navigated complex and novel issues relating to conflict of interests, litigation funding and ATE insurance.
In addition to the team at Tyr, RUTL has been assisted by counsel, David Scannell KC and Laurence Page, and an economics expert from Kairos Economics (Brett Wilkinson).
In the CAT’s ruling (published on 2 August 2024), it indicated that the CAT will now make a collective proceedings order (CPO) in favour of the RHA as the class representative in this case. This will be the first ever opt-in CPO certified by the CAT and will enable claimants to progress their claims for damages against various truck manufacturers who participated in the trucks cartel.
Link to the ruling of the Competition Appeal Tribunal (published on 2 August 2024)
For any queries, please contact: Matthew Fidler on matthew.fidler@tyrlaw.co.uk David Cook on david.cook@tyrlaw.co.uk, Daniel Newbound on daniel.newbound@tyrlaw.co.uk, or Fiona Barber on fiona.barber@trylaw.co.uk
