James William Stewart Abernethy & Ors v Barclays Bank UK Plc & Ors

James William Stewart Abernethy & Ors v Barclays Bank UK Plc & Ors

The claimants failed to demonstrate sufficient common or related issues of law or fact to justify a GLO or collective case management. The proposed structure would not yield binding decisions or significant guidance for remaining claims, and would likely increase costs, delay, and strain court resources. The omnibus claim form with multiple defendants does not enable convenient disposal of claims in the same proceedings. Disaggregation is ordered; each claimant must file an individual claim form.

Parties
Claimant: James William Stewart Abernethy and others; Defendant: Barclays Bank UK PLC; Defendant: HSBC UK Bank PLC; Defendant: Bank of Scotland PLC; Defendant: Black Horse Limited; Defendant: Lloyds Bank PLC; Defendant: MBNA Limited; Defendant: Santander Cards UK Limited; Defendant: Santander UK PLC
Jurisdiction
England and Wales
Judgment Date
27 February 2025
Procedural Posture
Application / Ruling on Group Litigation Order (glo) and Collective Case Management
Outcome
application dismissed
Legal Topics
Group Litigation Order, Collective Case Management, Payment Protection Insurance (ppi), Unfair Relationship, Remedies, Limitation, Assignment
Civil Procedure Consumer Protection Financial Services Group Litigation Order Collective Case Management Payment Protection Insurance (ppi) Unfair Relationship Remedies +2 more

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Parties

James William Stewart Abernethy and others

Claimant

Barclays Bank UK PLC

Defendant

HSBC UK Bank PLC

Defendant

Bank of Scotland PLC

Defendant

Black Horse Limited

Defendant

Lloyds Bank PLC

Defendant

MBNA Limited

Defendant

Santander Cards UK Limited

Defendant

Santander UK PLC

Defendant

Procedural Posture

Application / Ruling on Group Litigation Order (glo) and Collective Case Management

Legal Issues

  1. 1 Whether a Group Litigation Order (GLO) should be granted for Plevin claims against eight financial institutions
  2. 2 Whether collective case management is appropriate
  3. 3 Whether claims on omnibus claim forms can be conveniently disposed of in the same proceedings

Ratio Decidendi

The claimants failed to demonstrate sufficient common or related issues of law or fact to justify a GLO or collective case management. The proposed structure would not yield binding decisions or significant guidance for remaining claims, and would likely increase costs, delay, and strain court resources. The omnibus claim form with multiple defendants does not enable convenient disposal of claims in the same proceedings. Disaggregation is ordered; each claimant must file an individual claim form.

Court Disposition

application dismissed

Orders

  • Claimants' application for a Group Litigation Order (GLO) and collective case management is dismissed.
  • Omnibus claim form in Abernethy claim does not enable convenient disposal; each claimant, save Mr Abernethy, must file an individual claim form.