CAT
adds season ticket holders to train operators collective action
The
Competition Appeal Tribunal has granted a request by Justin Gutmann to include
season ticket holders in his £93 million collective action against two train
operators - South Western Railway and London &
South Eastern Railway - for allegedly overcharging commuters travelling outside
of London.
The
CAT rejected the defendants’ objections to the amendment and warned against
over-complicating the class definition in an attempt to try to exclude certain
categories of case where loss had been incurred.
The
CAT noted that, in view of the wide range of tickets and the wide variety of
individual circumstances in which rail tickets are purchased, it would not be
productive to seek more elaborate refinement of the class definition at this
stage.
Justin
Gutmann v London & South Eastern Railway Limited and Justin Gutmann v First
MTR South Western Trains Limited and Stagecoach South Western Trains Limited,
[2022] CAT 49, ruling on amendment, 10 November 2022
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