Lloyd v Google [2021] UK SC 50:

Authors Laura Elizabeth John, Will Perry 1

Those familiar with Competition law in the United Kingdom will be aware that collective proceedings before the Competition Appeal Tribunal are burgeoning. And it might have been hoped that the introduction of that regime would have blazed a trail for collective redress in the United Kingdom. Mr Lloyd, a consumer rights activist and a former Executive Director of Which? a well-known UK consumer rights organisation, certainly hoped so. However, in Lloyd v Google [2021] UKSC 50 his potentially ground-breaking collective action was dismissed by the Supreme Court. While the judgment provides much needed clarification of the scope of the representative action procedure in Rule 19.6 of the Civil Procedure Rules of England & Wales ("CPR"), and clears the way for seeking collective redress in some types of claim, for other types of claim and for data protection claims in particular, the judgment has severely curtailed the prospect of a solution without legislative intervention.

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