England and Wales, France, Germany, Italy, The Netherlands, Portugal, Spain, Switzerland
England and Wales
Anna Dannreuther, Gladuela Lawrence
Case law
Commission Recovery Limited v Marks & Clerk LLP & Another [2024] EWCA Civ 9
On 18 January 2024, the Court of Appeal ("CoA") handed down its judgment in Commission Recovery Limited (Respondent) v Marks & Clerk LLP & Another (Appellant) ("M&C"); unanimously upholding the High Court's decision to permit the claim to proceed as a representative action on an 'opt-out' basis pursuant to Civil Procedure Rule ("CPR") 19.8 (Representative parties with same interest).1https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part19#19.6