Briana Walley
Briana focuses her practice on litigation and dispute resolution. She is experienced in representative proceedings and class actions (for both plaintiffs and defendants), commercial disputes, securities litigation, insurance and general civil litigation. She has appeared in the High Court of New Zealand.
“Dominant motive…lies in the financial interests of its backers”: High Court Strikes Out a Representative Action under CPR 19.8 by Passengers in 116,000 Delayed or Cancelled Flights
By Jack Thorne and Briana Walley on Sep 12, 2024
Posted In Court Judgment, Transportation & Logistics, United Kingdom
On 2 September 2024, the High Court struck out an application for a representative proceeding under CPR 19.8 that had been brought against certain airlines for cancelled and delayed flights: Smyth v British Airways Plc & Ors [2024] EWHC 2173 (KB). The Court considered that the “same interest” requirement under CPR 19.8 had not been...
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New Government Bill to Reverse Supreme Court’s Decision on Litigation Funding
By Jack Thorne, Briana Walley, Harry Denlegh-Maxwell and James Dobias on Mar 27, 2024
Posted In Legislative Update, Regulatory/Compliance, Transportation & Logistics, United Kingdom
The Litigation Funding Agreements (Enforceability) Bill was introduced to Parliament this week, following the UK government’s announcement earlier this month that it would introduce legislation that would reverse the outcome of the UK Supreme Court’s recent decision in R (on the application of PACCAR Inc and others) v Competition Appeal Tribunal and others.[1] In PACCAR,...
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Representative Proceedings | A Low Bar to the “Same Interest” Requirement?
By Jack Thorne and Briana Walley on Feb 11, 2024
Posted In Court Judgment, United Kingdom
In Commission Recovery Ltd v Marks & Clerk LLP & Anor [2024] EWCA Civ 9, the Court of Appeal handed down one of its first decisions concerning representative proceedings following the landmark Supreme Court decision in Lloyd v Google. The Court of Appeal upheld the High Court’s decision at first instance and allowed a representative...
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