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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 Legal Capital is delighted to support the Commercial Litigators’ Forum (CLF) once again as a Gold Sponsor.
CLF brings together leading litigators to share insights, foster collaboration, and champion access to justice. Through our support of the CLF, we are proud to support the important work of the National Pro Bono Centre and the wider pro bono community.
Simon’s session explored the role of litigation funding in class actions, particularly from an insurance perspective, where there is still more to be understood around how funding works and the different structures available.
An important and evolving area as the market continues to mature.
Balance were once again honoured to sponsor the Pro Bono and Social Responsibility Award at this year’s Bar Pro Bono Awards, organised by Advocate. It was a fantastic evening recognising the impact of pro bono work across the Bar. The award was skilfully presented by Sarah Abram KC.
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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 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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