Arif & Ors v Berkeley Burke Sipp Administration Ltd [2017] EWHC 3108 (Comm) (15 November 2017)

Arif & Ors v Berkeley Burke Sipp Administration Ltd [2017] EWHC 3108 (Comm) (15 November 2017)

The court is minded to make a Group Litigation Order due to the significant number of claimants, substantial common issues, and anticipated efficiency in case management. The determination of common issues will materially advance individual claims. The court rejects the Defendant's proposal for individual client...

Source-derived case information.

Citation
[2017] EWHC 3108 (Comm)
Parties
Claimants: Mohammed Arif and Others; Defendant: Berkeley Burke SIPP Administration Limited
Jurisdiction
England and Wales
Judgment Date
15 November 2017
Procedural Posture
Group Litigation/case Management Applications / Interlocutory (applications for Group Litigation Order and Transfer)
Outcome
Minded to make Group Litigation Order, subject to President's consent; Transfer Application refused.
Legal Topics
Mis Selling of Sipps, Group Litigation Orders, Case Management, Regulatory Breaches, Joint Tortfeasor Liability, Limitation Periods
Financial Services Law Civil Procedure Tort Law Mis Selling of Sipps Group Litigation Orders Case Management Regulatory Breaches Joint Tortfeasor Liability +1 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 6 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Mohammed Arif and Others

Claimants

Berkeley Burke SIPP Administration Limited

Defendant

Procedural Posture

Group Litigation/case Management Applications / Interlocutory (applications for Group Litigation Order and Transfer)

Legal Issues

  1. 1 Whether a Group Litigation Order (GLO) should be made under CPR 19.10 and 19.11
  2. 2 Whether proceedings should be transferred from Bristol District Registry to Royal Courts of Justice under CPR 30.2(4)(b)
  3. 3 Commonality and specificity of issues for GLO

Ratio Decidendi

The court is minded to make a Group Litigation Order due to the significant number of claimants, substantial common issues, and anticipated efficiency in case management. The determination of common issues will materially advance individual claims. The court rejects the Defendant's proposal for individual client notification and finds that appropriate publicity should be via solicitors' websites, Law Society Gazette, and national/regional papers. The court does not order transfer to London at this stage, finding Bristol Circuit Commercial Court adequately resourced and claimant preference significant.

Court Disposition

Minded to make Group Litigation Order, subject to President's consent; Transfer Application refused.

Orders

  • Application for GLO to be referred to President of Queen's Bench Division for consent.
  • GLO publicity to be effected via solicitors' websites, Law Society Gazette, and agreed national/regional papers; Defendant not required to contact clients.