Application by Michael O'Higgins FX Class Representative Limited to commence collective proceedings under section 47B of the Competition Act 1998. The proposed collective proceedings would combine follow-on actions for damages arising from two separate infringement decisions of the European Commission both adopted on 16 May 2019 (Case AT.40135 FOREX (Three Way Banana Split) and Case AT.40135 FOREX (Essex Express)).
A case management conference took place on 6 November 2019 at which the Chairman gave directions for the future conduct of the proceedings.
A joint case management conference with Case 1336 was held on 13 February 2020 at which the Tribunal heard an application by the Applicants in Cases 1329 and 1336 that the question of which of the Applicants would be the most suitable to act as the class representative for the purposes of rule 78(2)(c) of the Tribunal Rules be heard as a preliminary issue. On 6 March 2020 the Tribunal issued its judgment on the application ([2020] CAT 9).
A joint case management conference with Case 1336 listed for 23 October 2020 and the hearing for the CPO Application listed for 1 March 2021 were vacated.
A joint case management conference with Case 1336 took place on 15 January 2021 as a remote case event.
A joint pre-hearing review with Case 1336 took place on 21 June 2021, which was followed by a teach-in.
A joint hearing with Case 1336 for the CPO Application was held remotely on 12-16 July 2021. On 31 March 2021, the Tribunal issued its judgment on certification, basis of certification and carriage dispute ([2022] CAT 16) (the "CPO Judgment").
The joint hearing with Case 1336 in relation to consequential matters relating to costs listed to take place on 5 May 2022, and relisted for 26 July 2022, was vacated.
By Reasoned Order dated 4 October 2022, the Tribunal granted the O'Higgins PCR and the Evans PCR permission to appeal the CPO Judgment in respect of all grounds, as articulated in their respective applications for permission to appeal.
On 9 November 2023, the Court of Appeal issued its amended judgment remitting certain matters to the Tribunal for further decision and case management.
By Order dated 8 February 2024, the O'Higgins PCR's application for a CPO was discontinued.
