The Global Class Action Symposium 2023, hosted by the Global Legal Group in London, was a two-day event held on November 13th and 14th, with a cross-border perspective on topics of collective redress, class action claims, competition law, funding, settlements, securities and more. The panel speakers consisted of lawyers, in-house counsel, economists, and funders from across the UK, Europe, and North America, giving a wide reaching and well-rounded understanding of the topics being explored.
The first day of the event focused on class action and group action claims, beginning with a keynote speech from the Honorable Justice David Waksman KC. Justice Waksman gave testament to his first-hand experience as a judge of the Commercial Court and the Technology and Construction Court in London, from sitting in the Administrative Court, and as a designated judge of the Planning Court. Additionally, Justice Waksman is a Chair of the Competition Appeal Tribunal, giving valuable insight to the recent decisions that have been made in the UK competition space, and though his experience in the procedural reforms including concurrent expert evidence, costs management and witness statements, he was able to speak to the shift that the practice is currently undergoing. Justice Waksman spoke during his speech about the wide similarities that can be seen in competition litigation space globally, and the need for us to understand the differences to adapt and learn throughout the conference by listening to our colleagues from around the world.
One stand out panel discussion from the first day of the symposium was the panel on settlements, and understanding the difficulties faced in settling a group action claim. The speakers on the panel included Chris Ford, Steven Weisbrot, Scott Hardy, and Deborah Greenspan, giving insight from both a US, and a UK perspective. This panel explored the complexities surrounding relaying offers to a class as a collective, and how multiple differing opinions make it extremely difficult to find a settlement that is suitable for the entire class. This raises the question, as discussed, of whether the discretion of accepting a settlement should rest solely on the legal representative of the class, rather than members themselves. The panel explored the importance of considering all aspects of this question, including the risk of losing a settlement for the majority of the collective due to the disagreement of some. The discussion explored the ethics, practicalities, and complications surrounding this ideology, and insighted fruitful debate on the topic.
Another insightful topic that was explored during the event was the ways in which in-house and external councils can work together to defend against global disputes in the ‘Planning Global Strategy’ panel. The chair of the panel, Patrick Reilly, moderated an insightful discussion with the unique perspective of three in-house counsel for major global companies, including Eduardo Vieira de Carvalho Neta- Legal Director for Uber, Felix Beneby- Legal Counsel for Mercer UK, and Ainslie Cranwell- Litigation Counsel for Volvo Group. The panelists gave a differing perspective from most practitioners attending the event as they see disputes arising from within a company, and often work to prevent and defend class action and competition claims. This further expands into the need for internal and external councils to work in collaboration to take preventative measures in these claims and look to find settlement opportunities when claims do arise. Bringing forward this unique perspective and starting the conversation around preventative measures challenges practitioners to think about both competition litigation and class action claims holistically, bringing insightful conversation to the forefront of the event.
The event was concluded by a drink’s reception hosted by the Class Representatives Network, an initiative committed to supporting class representatives, engaging the public and strengthening their knowledge of the role of class representatives, and sharing developments in the legal sphere. The reception created a wonderful atmosphere to network with attendees of the conference from around the world, fostering a more globally understanding of class action claims and competition litigation in the diverse opinions shared and enlightening conversation.
