The U.K.’s first ever application for an opt-out Collective Proceedings Order (the equivalent of a motion for class certification) has been withdrawn.
We earlier reported that the U.K.’s Competition Appeal Tribunal adjourned the proceedings in Dorothy Gibson v. Pride Mobility Products Ltd. to allow the proposed class representative (Gibson) to amend and refile her application. However, rather than narrow the putative class definition in accordance with the Tribunal’s guidance, Gibson informed the Tribunal on May 5th that she would not further pursue her application. Law360 reported that “[a]fter reassessing the value of the claim as required with her expert, [Gibson] decided the case is not worth enough to proceed given the costs versus potential benefits for class members.”
On May 25th, the Tribunal issued a formal order withdrawing Gibson’s claim and adopting the parties’ agreement that Gibson shall pay 60% of Pride Mobility’s costs of defending the action – a sum of £308,997.64.
All attention now turns to the other putative class action before the Tribunal – Walter Hugh Merricks CBE v. MasterCard Inc. & ORS –on which our colleagues at the UK Finance Disputes and Regulatory Investigations Blog have reported and for which the Tribunal heard argument in January.
The Tribunal’s order withdrawing Gibson’s claim is available to read online.