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Thinking - Snapshot

DCMS publishes new Code of Practice for app developers and app store operators

Published on 31 Mar 2023. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead

What do app developers and app store operators need to do to comply with the new Code of Practice published by the Department for Digital, Culture, Media and Sport (DCMS)?

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Thinking - Snapshot

New Metaverse regulation proposal to be discussed by EU Commission

Published on 31 Mar 2023. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead

How does the European Commission (EC) intend to regulate the Metaverse?

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Thinking - Snapshot

Online Safety Bill: Latest amendments increase focus on children safety

Published on 31 Mar 2023. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead

What is the focus of the latest round of amendments proposed to the Online Safety Bill and how will these impact online platforms?

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Thinking - Snapshot

ICO publishes guidance on compliance of game design with the Children’s Code

Published on 31 Mar 2023. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead

What steps can game designers take to ensure their games comply with the Children’s Code?

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Thinking - Blog

AI technology projects – the regulatory landscape

Published on 24 Feb 2023. By Helen Armstrong, Partner and Ricky Cella, Senior Associate and Joshy Thomas, Senior Knowledge Lawyer

Parties engaged in AI technology projects should be mindful of the regulatory landscape, and the changes taking place within it. A failure to do so could result in an AI solution that is not compliant from a regulatory perspective, the use of which potentially creates risk for the technology provider and user.

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Thinking - Blog

RPC Law x Web3: Gambling regulations – Don't Play Games of Chance with the Law

Published on 22 Feb 2023. By Nick Lauw, Partner and Pu Fang Ching, Senior Associate

This is part of a series of RPC x Web3 articles designed to help Web3 participants and enthusiasts understand their rights in this rapidly evolving space.

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Thinking - Blog

New Digital Regulators on the 2023 Horizon: the Digital Markets Unit and the European Centre for Algorithmic Transparency

Published on 02 Dec 2022. By David Cran, Partner, Head of Disputes and Chris Ross, Partner

For a number of years, the UK Government has been laying the groundwork to bring in a digital markets regime to regulate digital firms designated as having ‘strategic market status’ (SMS). To be designated as having SMS, a firm must have 'substantial and entrenched market power' in at least one activity. Companies having SMS are likely to include the largest tech firms such as Amazon, Apple, Google, Microsoft and Meta (the so called 'GAMMA' firms).

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Thinking - Blog

Digital services providers—Commission to focus on implementation phase of EU consumer protection legislation

Published on 31 Oct 2022. By David Cran, Partner, Head of Disputes and Ellie Chakarto, Senior Associate

The Digital Services Act (DSA) and the Digital Markets Act (DMA) are published in the Official Journal and the plenary vote of the European Parliament on the proposed text of the AI Act is expected once amendments are agreed by negotiators. The Commission is now turning its focus to the implementation phase of these landmark regimes. So, what does the future hold for the European tech sector and how might it differ for the UK?

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Thinking - Blog

The EU Digital Markets Act - a focus on gatekeeper obligations and sanctions

Published on 12 Oct 2022. By David Cran, Partner, Head of Disputes and Joshy Thomas, Senior Knowledge Lawyer

What key obligations will the Digital Markets Act (DMA) impose on online platforms designated as gatekeepers?

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Thinking - Blog

CMA ends its investigation into online console gaming subscription practices

Published on 14 Jun 2022. By Jonathan Greenway, Senior Associate and Joshua Charalambous, Partner

The UK Competition Markets Authority (CMA) has now closed its investigation into subscription practices in the online console gaming sector after key players Sony, Nintendo and Microsoft committed to making improvements to their contract terms with a view to better protecting customers.

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Thinking - Blog

New Cryptoasset reporting obligations for businesses

Published on 02 Jun 2025. By Adam Craggs, Partner and Michelle Sloane, Partner and Liam McKay, Of Counsel

The UK is adopting the OECD’s Cryptoasset Reporting Framework (CARF) and expanding it to include domestic data collection and reporting requirements. Starting from 1 January 2026, businesses operating in the cryptoasset sector will face new obligations to collect and report data to HMRC.

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Thinking - Blog

New reporting obligations for Cryptoasset users

Published on 02 Jun 2025. By Adam Craggs, Partner and Michelle Sloane, Partner and Liam McKay, Of Counsel

The UK is adopting the OECD’s Cryptoasset Reporting Framework (CARF) and expanding it to include domestic data collection and reporting requirements. From 1 January 2026, users of cryptoasset service providers will be required to provide identifying information to those providers, which may then be reported to HMRC.

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Thinking - Blog

Directors beware: Key legal shifts in 2024 and what’s ahead for 2025

Published on 19 Feb 2025. By James Wickes, Partner

The legal landscape for directors and officers (D&O) underwent significant developments in 2024, with court rulings and regulatory changes raising the stakes for company leaders and their insurers.

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Thinking - Blog

Navigating PRA's data request for crypto-asset exposure

Published on 29 Jan 2025. By James Wickes, Partner

On Dec. 12, the Prudential Regulation Authority issued a data request to identify firms' current and expected future crypto-asset exposures. In this blog, we discuss the request, and what implications may arise for financial institutions and their insurers.

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Thinking - Blog

High Court permits enforcement of foreign judgment in crypto recovery case

Published on 22 Jul 2024. By Dan Wyatt, Partner and Christopher Whitehouse, Of Counsel

Tai Mo Shan Ltd v. Persons Unknown [2024] EWHC 1514 (Comm)

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Press and Media

RPC earns top ranking for Crypto-Asset Disputes in the UK

Published on 05 Dec 2023. By Dan Wyatt, Partner and Sarah Mountain, Partner

International law firm RPC has been ranked for the first time in Chambers and Partners 2024 FinTech Guide, achieving Band 1 for Crypto-Asset Disputes in the UK.

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Thinking - Blog

Cracking Down on High-Risk Investments: FCA considers industry performance

Published on 11 Oct 2023. By Dorian Nunzek, Trainee Solicitor

After introducing stricter rules for the promotion of Restricted Mass Market Investments (RMMIs) in February 2023, the FCA continues to monitor the performance of firms, is conducting a multi-firm review and has outlined good and poor practices in the industry.

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Press and Media

FCA rules could trigger 'marked drop' in finfluencers marketing crypto

Published on 09 Oct 2023. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and Hettie Homewood , Senior Associate

Regulator clamping down over concerns consumers are being 'influenced into high risk investments without understanding consequences'

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Thinking - Blog

The FCA sets expectations ahead of incoming cryptoasset marketing rules

Published on 28 Sep 2023. By Kerone Thomas, Associate and Faheem Pervez, Senior Associate

The FCA has issued a "final warning" to firms promoting cryptoassets to UK consumers to prepare for the cryptoassets financial promotion regime. Effective from 8 October 2023, this regime aims to protect consumers from promotions that make exaggerated claims about the benefits in investing in cryptoassets.

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Thinking - Blog

What To Know About AI Fraudsters Before Facing Disputes

Published on 29 Aug 2023. By Dan Wyatt, Partner and Christopher Whitehouse, Of Counsel

Fraudsters are quick to weaponise new technological developments and artificial intelligence is proving no exception, with AI-assisted scams increasingly being reported in the news, including most recently one using a likeness of a BBC broadcaster.

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Press and Media

Value of NFT fraud plummets 82% in UK

Published on 18 Aug 2023. By Dan Wyatt, Partner and Christopher Whitehouse, Of Counsel

The value of Non-Fungible Token (NFT) fraud in the UK has dropped 82% over the last year as the collapse in prices and lower trading volumes make these digital assets less attractive to fraudsters, reveals new data from international law firm RPC.

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Thinking - Snapshot

New legislation proposed to bring FCA regulation to cryptoasset promotions

Published on 07 Jul 2023. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead

What will the Government’s new legislation mean for the promotion of cryptoassets?

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Thinking - Blog

Crypto: issues for solicitors and their PI insurers

Published on 31 May 2023. By Simy Khanna, Partner and Harriet Keltie, Senior Associate

We explore the types of work lawyers are doing in this area, the risks this work may give rise to and issues for solicitors and their PI insurers to consider.

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Service

Crypto & Digital Assets Disputes

Our crypto and digital asset dispute lawyers have deep technical knowledge of the sector and the technology powering it alongside vast experience in navigating the commercial and legal complexities. Where fraud has occurred, we move fast to secure and recover stolen digital assets.

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Thinking - Blog

Margin calls in times of market turbulence

Published on 02 Jul 2025. By Jake Hardy, Partner and Simon Hart, Partner, Financial Services Sector Lead and Fred Kuchlin, Senior Associate

This case serves an illustration of the factors that the court will take into consideration when weighing up the competing interests of confidentiality obligations against the duty of disclosure, here under the rules of the disclosure pilot under PD 51U. The court found that confidentiality obligations owed to the IMF did not override the duty of disclosure. The court took into account both the scope of the confidentiality obligation and the relevancy and contemporaneous quality of the documents.

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Thinking - Blog

RPC traces the trends for LIDW25

Published on 30 Jun 2025. By Jonathan Cary, Partner

With London International Disputes Week 2025 now wrapped up, we are reflecting on what it might tell us about the evolution of the disputes landscape.

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Thinking - Publication

CAT Collective Proceedings - Summer 2025 update

Published on 28 May 2025. By Chris Ross, Partner and David Cran, Partner, Head of Disputes and Zoe Mernick-Levene, Partner

Developments in the UK’s competition collective proceedings regime continue apace with new claims recently issued in the Competition Appeal Tribunal (CAT).

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Thinking - Blog

CAT approves settlement in Merricks v Mastercard

Published on 23 May 2025. By Chris Ross, Partner and Christina Gleeson, Senior Associate and Will Carter, Senior Associate

The Competition Appeal Tribunal (CAT) has handed down its written judgment on the application for approval of a £200 million settlement with respect to the collective action proceedings brought by Walter Merricks (the CR) against Mastercard, on the interchange fees charged by Mastercard. The aggregate damages were initially estimated in the claim form at around £14 billion. The settlement application was opposed by the CR's funder, Innsworth Capital (the Funder).

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Thinking - Blog

Another blow for Italian regional authorities in Italian Swaps saga judgment

Published on 12 Mar 2025. By Tom Hibbert, Partner and William Monaghan, Associate

Shortly before Christmas, the Commercial Court handed down judgment in another one of the long line of 'Italian Swaps Cases', Dexia SA v Regione Emilia Romagna.

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Thinking - Blog

The PCR's "heavy responsibility": CAT judgment in Riefa v Apple and Amazon emphasizes the high standards expected of a PCR

Published on 27 Feb 2025. By Chris Ross, Partner and Jessica Davies, Senior Associate

The Competition Appeal Tribunal (the Tribunal) recently handed down an important judgment, refusing to certify the proposed collective proceedings in Christine Riefa Class Representative v Apple Inc. & Amazon.com, Inc. After two certification hearings, the Tribunal was not satisfied that it would be just and reasonable for the Proposed Class Representative (the PCR) to bring the proceedings following concerns relating to Professor Riefa's understanding of the PCR's funding arrangements. The judgment reiterates the strict requirements and high standards expected of a PCR.

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Thinking - Blog

Good reason or not? Court of Appeal clarifies rule on non-party access to court documents

Published on 28 Jan 2025. By Ana Margetts, Associate (New Zealand qualified) and Jake Hardy, Partner

The Court of Appeal has confirmed that a non-party does not have a right of access to documents on the court record by default (Derek Moss v The Upper Tribunal). Rather, the non-party must articulate a "good reason" for wishing to obtain the documents, by reference to the principle of open justice, explained in this blog.

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Thinking - Blog

Protecting commercial secrets: High Court allows redaction of documents for non-party access under CPR 5.4C

Published on 28 Jan 2025. By Camila Arias Buritica, Associate and Jake Hardy, Partner

In WH Holding Ltd v E20 Stadium LLP [2024] EWHC 817 (Comm), the High Court examined the rights of non-parties to obtain copies of statements of case under CPR 5.4C. It decided that the appropriate balance between the interests of individuals and the public interest in the maintenance of open justice could be struck by the redaction of the monetary sums from the claim form should a non-party obtain a copy of the statement of case.

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Thinking - Video

ISDA Master Agreements

Published on 13 Jan 2025. By Jake Hardy, Partner and Simon Hart, Partner, Financial Services Sector Lead

Banking litigation partners Simon Hart and Jake Hardy discuss the world of ISDA Master Agreements, close out mechanics and a rather opaque investment bank wheeze involving counter hedging strategies, which counterparties miss at their financial peril.

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Thinking - Blog

Exclusive means exclusive: High Court decides that English courts have jurisdiction in Italian swaps dispute

Published on 03 Dec 2024. By Simon Hart, Partner, Financial Services Sector Lead and Tim Potts, Senior Associate

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Thinking - Blog

High Court implies contractual terms following LIBOR cessation

Published on 20 Nov 2024. By Daniel Hemming, Partner and Gill O'Regan, Senior Associate

The High Court has implied a term into a contract to the effect that where the contract specifies a calculation should be carried out by reference to LIBOR, where LIBOR is no longer published a reasonable alternative should be used.

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Thinking - Blog

Myth busting and moving the dial in DEI

Published on 20 Aug 2024. By Kelly Thomson, Partner, ESG Strategy Lead and Rachel Pears, Associate Director, Responsible Business & Employment Counsel and Katie Horn, DEIB and Responsible Business Manager (Market Facing)

This article is a summary of a session delivered by Kelly Thomson (Partner, Employment, Engagement & Equality and ESG Strategy Lead at RPC) and Rachel Pears (Head of Responsible Business at RPC), at the second Annual D&I Conference, in partnership with the British Retail Consortium (BRC). During this particular session, common myths and misconceptions surrounding Diversity, Equity and Inclusion (DEI) were discussed and different sides of various issues were dissected, drawing out the nuances of seemingly polarised positional statements. Below, we address a handful of these myths, offering a balanced perspective on the complexities of DEI and exploring how to drive meaningful progress in our organisations.

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Thinking - Publication

Banking and Financial Markets Litigation Update - Summer 2024

Published on 29 Jul 2024. By Carolin Ayres, Senior Associate and Jonathan Cary, Partner and Jessica Davies, Senior Associate and Jake Hardy, Partner and Simon Hart, Partner, Financial Services Sector Lead and Charlotte Henschen (née Ducker), Partner, Professional Practices Sector Lead and Tom Hibbert, Partner and Tim Potts, Senior Associate and Chris Ross, Partner and Christopher Wheatley , Senior Associate and Alan Williams, Partner

This update is brought to you by RPC’s top tier banking and financial markets disputes practice in London, with specialists in all areas of financial markets litigation (and arbitration) and a wealth of expertise including frequent involvement in the most complex, high-value, and high-profile disputes in the sphere. Here, we take a look at some of the most important judgments in recent months.

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Thinking - Publication

CAT Collective Proceedings - Summer 2024 update

Published on 24 Jul 2024. By Chris Ross, Partner and David Cran, Partner, Head of Disputes and Zoe Mernick-Levene, Partner

Developments in the UK’s competition collective proceedings regime continue apace with new claims recently issued in the Competition Appeal Tribunal (CAT).

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Thinking - Blog

No objection: When is a party barred from challenging jurisdiction where it continues in the arbitration?

Published on 22 Jul 2024. By Fred Kuchlin, Senior Associate

The High Court has provided invaluable guidance on the factors that it will consider when determining when a party is barred from challenging jurisdiction under s. 67 of the Arbitration Act 1996 (the Act) by failing to raise an objection while continuing to take part in the arbitration.

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Thinking - Blog

Employer lessons from teacher's menopause bias win

Published on 17 Jul 2024. By Kelly Thomson, Partner, ESG Strategy Lead and Ellie Gelder, Senior Editor Employment & Equality

On May 31, a Scottish employment tribunal made its decision in Allison Shearer v. South Lanarkshire Council and awarded a teacher over £60,000 ($77,829) for disability discrimination and unfair dismissal, following her dismissal for ill health after a period of long¬term sickness absence.

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Thinking - Blog

New digital markets regime guidance published for consultation

Published on 28 Jun 2024. By Tom McQuail, Partner and David Cran, Partner, Head of Disputes and Melanie Musgrave, Of Counsel and Ben Powell, Senior Associate

The Digital Markets, Competition and Consumers Act 2024 received Royal Assent on 24 May 2024. This article considers who will be impacted by the new digital markets regime, the requirements it will introduce, and how it may be enforced, and summarises the CMA’s new draft guidance under consultation on how it intends to implement the regime in practice.

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Thinking - Blog

The Digital Markets, Competition and Consumers Act – the Competition Perspective

Published on 28 Jun 2024. By Tom McQuail, Partner and Chris Ross, Partner and Melanie Musgrave, Of Counsel

This article considers the key changes to general competition law under the Digital Markets, Competition and Consumers Act which received Royal Assent on 24 May 2024 and is expected to enter into force in the Autumn.

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Thinking - Blog

Recent CAT rulings consider distribution concerns

Published on 13 Jun 2024. By Chris Ross, Partner and Will Carter, Senior Associate

With two collective settlements now approved by the UK's Competition Appeal Tribunal (CAT) and the outcome of the first substantive trial in the case of Le Patourel v BT anticipated shortly, it is an important time for the competition collective proceedings regime as the first sums start to be paid out to affected classes.

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Thinking - Blog

UK CAT Collective Proceedings Spring 2024 Update

Published on 30 Apr 2024. By David Cran, Partner, Head of Disputes and Chris Ross, Partner

Last year, we reported on what was then a fledgling collective proceedings regime in the UK’s Competition Appeal Tribunal (CAT). Our 2023 update is here. Since then, the competition collective proceedings regime has continued to grow at pace, notwithstanding the seismic Supreme Court decision in PACCAR affecting the underlying funding arrangements which underpin the entire collective proceedings landscape.

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Thinking - Blog

Supreme Court confirms no knowing receipt claim where equitable interest is destroyed: Byers v Saudi National Bank

Published on 17 Apr 2024. By Jake Hardy, Partner and Ana Margetts, Associate (New Zealand qualified)

In Byers v Saudi National Bank, the Supreme Court affirmed the findings of the lower courts by holding that a claim for knowing receipt cannot be made if a claimant’s equitable interest in the property in question has been extinguished by the time of the defendant’s knowing receipt of the property.

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Thinking - Publication

CRE funds – targets for future litigation

Published on 20 Mar 2024. By Jake Hardy, Partner and Tom Hibbert, Partner

There was a wave of negative press about commercial real estate funds during the course of 2023. The higher interest rate environment and the pandemic’s economic and social legacy has stressed the sector. This was reflected in suspensions of redemptions by funds including BlackRock UK Property Fund and Blackstone’s (US) Blackstone Real Estate Income Trust, and the closure of the M&G Property Portfolio fund. Asset valuation concerns are leading to many CRE funds trading at a significant discount to their net asset value. Shortsellers are circling – see for instance, Muddy Waters’ disclosure of a large short position on the Blackstone Mortgage Trust.

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Thinking - Blog

Merchants Beat Venice: Court of Appeal finds that local authority of Venice did have capacity to enter into Interest Rate Swaps

Published on 19 Mar 2024. By Simon Hart, Partner, Financial Services Sector Lead

In a significant judgment in Banca Intesa Sanpaolo and Dexia Credit Local SA v Comune di Venezia [2023] EWCA Civ 1482, the Court of Appeal overturned the findings of the High Court

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Thinking - Blog

BT case may shape UK class action landscape

Published on 05 Mar 2024. By Chris Ross, Partner and Will Carter, Senior Associate

In January, the trial in Justin Le Patourel v. BT Group PLC[1] commenced in the U.K. Competition Appeal Tribunal, or CAT. The trial is scheduled to be heard over eight weeks.

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Thinking - Blog

Collective proceedings - robust approach to determining carriage prior to certification (Hunter v Amazon.com)

Published on 15 Feb 2024. By Chris Ross, Partner and Will Carter, Senior Associate

In a recent decision, the CAT has given guidance on how carriage disputes between competing proposed class representatives (PCRs) will be addressed in future.

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