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The High Court unanimously found that the class action waiver clause in the US passengers’ terms and conditions was unfair and therefore void, and agreed with the Primary Judge, Justice Stewart, that the exclusive jurisdiction clause (in favour of the US courts) in those terms and conditions should not be enforced.
The result means that overseas passengers can participate in the class action, which was successful at initial trial in October this year. More broadly, this is an important judgment for Australian consumer law and group actions giving clarity on the enforceability of class action waiver clauses in Australia. A summary of the High Court’s judgment can be found here.
Balance is proud to have been ranked again in the Chambers and Partners 2024 Litigation Support Guide in both the UK and Australia.
Congratulations to Robert Rothkopf (ranked Band 1 in the UK) and to Simon Burnett (ranked Band 2 in Australia).
This acknowledgment recognises Balance’s commitment to providing litigation finance to great cases and working with excellent legal teams. Thank you to our referees!
Robert Rothkopf, has been invited to speak at The Commercial Litigators Forum panel event discussing The Post Office Case on 12 June 2024.
Jeremy Humm will be taking part in the upcoming Thought Leaders 4 FIRE Webinar “Litigation Funding Post-PACCAR – What has happened since the decision and what happens next?”
We are proud to share that we are once again a Gold Level sponsor, supporting the National Pro Bono Centre
Balance partner Oliver Hayes will be joining a specialist panel in a discussion on ‘Paccar and the Future Funding of Collective Actions’, at the upcoming Thought Leaders 4 Disputes Event on Financial Institutions Litigation.
Balance is a member of the Association of Litigation Funders of England & Wales. Our membership of the ALF requires us to satisfy on an ongoing basis stringent financial and capital adequacy tests and to comply with the ALF Code of Conduct.
Balance is a founding member of ALFA, the Association of Litigation Funders of Australia, and a member of ILFA, the International Legal Finance Association.
Balance Legal Capital LLP is authorised and regulated by the UK’s Financial Conduct Authority.
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