Ruling (Class Definition and Disclosure Application)

Ruling of the Tribunal in respect of the opt-in class definition and its construction and the Defendants' application for disclosure from class members to evidence whether the entities registered on the opt-in class register meet the class definition.

The question of construction was resolved between the parties, with it being accepted that the requirement for a "contractual relationship” could encompass any form of contract which the law recognised as existing between a class member and an acquirer. With this, the Tribunal ruled it was no longer necessary to consider the Class Representative’s application to amend the class definition. Regarding disclosure, the Tribunal ruled the Defendants did not need the material sought in advance of the process which the Class Representative has committed to complete by May 2027. The Defendants’ application was therefore refused.