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Chr. Frank (Frank) Kroes

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The UK Supreme Court gave its judgment in Mastercard Incorporated and others (Appellants) v Walter Hugh Merricks CBE (Respondent) [UKSC 2019/0118] on 11 December 2020. It confirmed the decision made by the Court of Appeal that a representative applying for certification of a class must show that they have a method with a realistic prospect of assessing loss across the whole class and that the data required to apply that methodology is likely to be…

Join Baker McKenzie for a webinar on “Looking Ahead: Class Actions and Consumer Claims in 2021” to be held on Thursday, 14 January 2021 at 14:00 UK / 15:00 CET. The rapid expansion of class actions outside of the US has brought new risks for global multinationals and a renewed need to consider strategies when defending against claims across jurisdictions. A panel of international specialists from Baker McKenzie, along with our guest speaker, Andrew Hildreth, Senior Managing Director…

On 24 November, the European Parliament approved the final text of the EU Representative Actions Directive. The approved directive will enter into force 20 days after its publication in the EU’s Official Journal. Member States will then have 24 months to transpose the directive into national law and an extra six months in which to implement it. The new rules will apply to representative actions brought on or after its date of application. Although Member…

“All animals are equal, but some are more equal than others”. This is probably the most famous sentence from George Orwell’s Animal Farm. Sixty-two  years after its first publication (on 17 August 1945), the Court of Appeal in Amsterdam had to decide whether this also applies to the beneficiaries of a collective settlement under the Act for the Collective Settlement of Mass Claims (Wet collective afwikkeling massaschade or “Wcam” for short). Fortis Group was a Dutch/Belgium…