{
  "url": "https://openlegislation.uk/competition-appeal-tribunal-rules-2015/rule-79",
  "json_url": "https://openlegislation.uk/competition-appeal-tribunal-rules-2015/rule-79.json",
  "legislation": "uksi/2015/1648",
  "legislation_title": "The Competition Appeal Tribunal Rules 2015",
  "legislation_url": "https://openlegislation.uk/competition-appeal-tribunal-rules-2015",
  "path": "rule/79",
  "kind": "rule",
  "number": "79",
  "heading": "Certification of the claims as eligible for inclusion in collective proceedings",
  "text": "(1) The Tribunal may certify claims as eligible for inclusion in collective proceedings where, having regard to all the circumstances, it is satisfied by the proposed class representative that the claims sought to be included in the collective proceedings—\n(a) are brought on behalf of an identifiable class of persons;\n(b) raise common issues; and\n(c) are suitable to be brought in collective proceedings.\n(2) In determining whether the claims are suitable to be brought in collective proceedings for the purposes of paragraph (1)(c), the Tribunal shall take into account all matters it thinks fit, including—\n(a) whether collective proceedings are an appropriate means for the fair and efficient resolution of the common issues;\n(b) the costs and the benefits of continuing the collective proceedings;\n(c) whether any separate proceedings making claims of the same or a similar nature have already been commenced by members of the class;\n(d) the size and the nature of the class;\n(e) whether it is possible to determine in respect of any person whether that person is or is not a member of the class;\n(f) whether the claims are suitable for an aggregate award of damages; and\n(g) the availability of alternative dispute resolution and any other means of resolving the dispute, including the availability of redress through voluntary schemes whether approved by the CMA under section 49C of the 1998 Act or otherwise.\n(3) In determining whether collective proceedings should be opt-in or opt-out proceedings, the Tribunal may take into account all matters it thinks fit, including the following matters additional to those set out in paragraph (2)—\n(a) the strength of the claims; and\n(b) whether it is practicable for the proceedings to be brought as opt-in collective proceedings, having regard to all the circumstances, including the estimated amount of damages that individual class members may recover.\n(4) At the hearing of the application for a collective proceedings order, the Tribunal may hear any application by the defendant—\n(a) under rule 41(1), to strike out in whole or part any or all of the claims sought to be included in the collective proceedings; or\n(b) under rule 43(1), for summary judgment.\n(5) Any member of the proposed class may apply to make submissions either in writing or orally at the hearing of the application for a collective proceedings order.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "M",
      "label": "M1",
      "text": "1998 c. 41; section 49C of the Competition Act 1998 was inserted by paragraph 12 of Schedule 8 to the Consumer Rights Act 2015 (c.15)."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2015/1648/rule/79",
    "retrieved_at": "2026-10-28T23:32:44.195082+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}