Reasoned Order of the Chair granting permission for the proposed class representative to serve the collective proceedings claim form and supporting documents outside of the jurisdiction on: (i) Apple Inc. in California, USA; and (ii) Apple Distribution International Limited in Cork, Ireland.
Permission was granted for the following reasons:
1. at least prima facie, the collective proceedings claim form and its supporting materials show that there is a serious issue to be tried on the merits;
2. there is a good arguable case that the claim falls within the jurisdictional gateways set out in each of CPR PD 6B ยง3.1(9); and
3. the UK, and specifically this Tribunal, appears to be the proper forum for the claim. This is because the claim relates to an alleged abuse of a dominant position within the UK under UK law, the proposed class members are based in the UK, and the damages claimed are in respect of losses suffered in the UK.
