Weaver & Ors v British Airways Plc

Weaver & Ors v British Airways Plc

The cut-off date for joining the group litigation is extended by two months to allow the recent advertising campaign to bear fruit, balancing access to justice and the defendant's need for certainty. Advertising costs incurred by claimants' solicitors to attract joiners are not recoverable from the defendant as they constitute general overheads, not litigation costs.

Parties
Claimant: Weaver & Ors; Defendant: British Airways Plc
Jurisdiction
England and Wales
Judgment Date
02 February 2021
Procedural Posture
Group Litigation / Case Management Conference
Outcome
Cut-off date extended by two months; advertising costs not recoverable.
Legal Topics
Group Litigation Order, Cut Off Date, Costs Recoverability, Advertising Costs, Case Management
Data Protection Civil Procedure Group Litigation Order Cut Off Date Costs Recoverability Advertising Costs Case Management

Case Brief

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Parties

Weaver & Ors

Claimant

British Airways Plc

Defendant

Procedural Posture

Group Litigation / Case Management Conference

Legal Issues

  1. 1 Should the cut-off date for joining the group litigation be extended?
  2. 2 Are advertising costs incurred by claimants' solicitors recoverable from the defendant?

Ratio Decidendi

The cut-off date for joining the group litigation is extended by two months to allow the recent advertising campaign to bear fruit, balancing access to justice and the defendant's need for certainty. Advertising costs incurred by claimants' solicitors to attract joiners are not recoverable from the defendant as they constitute general overheads, not litigation costs.

Court Disposition

Cut-off date extended by two months; advertising costs not recoverable.

Orders

  • Cut-off date for entry onto the Group Register extended from 3 April 2021 to 3 June 2021.
  • Advertising costs incurred and to be incurred by claimants' solicitors are not recoverable from the defendant and fall out of the costs budget.