Gibson v Pride Mobility Products Ltd (Application For A Collective Proceedings Order) [2017] CAT 9 (31 March 2017)

Gibson v Pride Mobility Products Ltd (Application For A Collective Proceedings Order) [2017] CAT 9 (31 March 2017)

The opt-out collective proceedings regime under the Consumer Rights Act 2015 is a procedural mechanism that does not create new liabilities but facilitates enforcement of existing rights. Its application to claims arising before its commencement does not infringe Article 1 Protocol 1 ECHR or principles of EU law. The Tribunal has no discretion to refuse a CPO on these grounds where the statutory criteria are met.

Citation
[2017] CAT 9
Parties
Applicant / Proposed Class Representative: Ms Dorothy Gibson; Respondent / Proposed Defendant: Pride Mobility Products Ltd
Jurisdiction
United Kingdom
Judgment Date
31 March 2017
Procedural Posture
Application for Collective Proceedings Order (cpo) / Judgment on Application for CPO
Outcome
Application granted
Legal Topics
Collective Proceedings, Opt Out Class Actions, Retrospective Legislation, Article 1 Protocol 1 ECHR, EU Charter of Fundamental Rights, Aggregate Damages, Competition Act 1998, Consumer Rights Act 2015
Competition Law Civil Procedure Human Rights Collective Proceedings Opt Out Class Actions Retrospective Legislation Article 1 Protocol 1 ECHR EU Charter of Fundamental Rights +3 more

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Parties

Ms Dorothy Gibson

Applicant / Proposed Class Representative

Pride Mobility Products Ltd

Respondent / Proposed Defendant

Procedural Posture

Application for Collective Proceedings Order (cpo) / Judgment on Application for CPO

Legal Issues

  1. 1 Whether opt-out collective proceedings under the Consumer Rights Act 2015 can be brought for infringements occurring before the Act came into force
  2. 2 Whether such proceedings infringe Article 1 Protocol 1 ECHR (A1P1) or principles of EU law
  3. 3 Whether the Competition Appeal Tribunal has discretion to refuse a CPO on human rights or EU law grounds

Ratio Decidendi

The opt-out collective proceedings regime under the Consumer Rights Act 2015 is a procedural mechanism that does not create new liabilities but facilitates enforcement of existing rights. Its application to claims arising before its commencement does not infringe Article 1 Protocol 1 ECHR or principles of EU law. The Tribunal has no discretion to refuse a CPO on these grounds where the statutory criteria are met.

Court Disposition

Application granted

Orders

  • Collective Proceedings Order (CPO) granted on an opt-out basis to Ms Dorothy Gibson as class representative for purchasers of Pride mobility scooters between 1 February 2010 and 29 February 2012.