Commission Recovery Ltd v Marks & Clerk LLP
| Jurisdiction | England & Wales |
| Judge | Lord Justice Nugee,Lord Justice Snowden,Sir Geoffrey Vos |
| Judgment Date | 18 January 2024 |
| Neutral Citation | [2024] EWCA Civ 9 |
| Year | 2024 |
| Court | Court of Appeal (Civil Division) |
| Docket Number | Case No: CA-2023-000691 |
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4 firm's commentaries
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The Dekagram: 29th January 2024
...Most recently, the issues were considered for the first time by the Court of Appeal in Commission Recovery Ltd v Marks & Clerk LLP [2024] EWCA Civ 9. Background The claim in Commission Recovery concerns an allegedly unlawful arrangement whereby D1 agreed to refer its clients to a third-part......
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Court Of Appeal Allows Secret Commissions Claim To Proceed As Representative Action On "Opt Out" Basis
...of secret commissions can proceed as an "opt-out" representative action under CPR 19.8: Commission Recovery Ltd v Marks & Clerk LLP [2024] EWCA Civ 9. It seems, however, that the case may proceed on a more orthodox basis than the High Court's decision (considered here) had appeared to CPR 1......
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Court Of Appeal Takes Narrow Approach To "Same Interest" Requirement For Representative Actions
...Recovery Ltd v Marks & Clerk LLP & Anor [2024] EWCA Civ 9 the Court of Appeal took a narrow approach to the issues that are suitable for determination by way of a representative action under CPR 19.8. At first instance, the High Court appeared to take a much broader approach to the "same in......
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Representative Actions: Court Of Appeal Decision Gives Go Ahead For Secret Commissions Claim, But Suggests Only Limited Issues May Be Dealt With On "Opt-Out" Basis
...renewal services provider can proceed as an "opt-out" representative action under CPR 19.8: Commission Recovery Ltd v Marks & Clerk LLP [2024] EWCA Civ 9. It seems, however, that the case may proceed on a more orthodox basis than the High Court's decision (considered here) had appeared to T......