Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.
Update:
- An appeals court has again denied an attempt by three train operators to throw out a £93 million class action lawsuit alleging the trio charged passengers double for their tickets.
- Last October, the tribunal allowed plaintiff Justin Gutmann to proceed with the train ticket overcharge class action lawsuit, which will allow millions of rail passengers who purchased tickets for travel outside the subway zones included on their Travelcards to seek compensation for the alleged overcharges.
- On Aug. 4, the Court of Appeal rejected the train companies’ arguments that the Competition Appeal Tribunal made a mistake in allowing the action to go ahead because the consumer law they were sued under doesn’t cover liability.
- Judge Nicholas Green of the Court of Appeal opined that, in contrast to the arguments for dismissal, the law “is sufficiently broad to encompass liability and this conclusion is needed to ensure that the system of collective redress is workable.”
Train ticket overcharge class action lawsuit overview:
- Why: The tribunal determined the appeal had no prospect of success.
- Who: The Competition Appeal Tribunal denied train operators’ appeal of a ticket overcharge class action lawsuit.
- Where: The train ticket overcharge class action lawsuit was filed on behalf of millions of U.K. railway commuters.
(Dec. 10, 2021)
The Competition Appeal Tribunal has denied an appeal by three train operators of a £93 million class action lawsuit that alleges they charged passengers double for their tickets.
The tribunal determined that the appeal had no prospect of succeeding due to a U.K. Supreme Court decision in Merricks v. Mastercard that established guidelines for class certification.
The train operators argued that their appeal should be granted because the issue of double payments is a new issue.
“We recognize that the issue considered … is of wide significance,” the tribunal said. “With a wholly novel regime there will inevitably be novel issues of wider significance decided in the early cases, and if permission to appeal is given on that basis – even when the appeal is not considered to have a real prospect of success – all of these cases will be delayed.”
Class action will allow millions of passengers to pursue compensation
In October, the tribunal allowed plaintiff Justin Gutmann to proceed with the train ticket overcharge class action lawsuit, which will allow millions of rail passengers who purchased tickets for travel outside the subway zones included on their Travelcards to seek compensation for the alleged overcharges.
According to the rail ticket overcharge class action lawsuit, the companies that run the South Western and Southeastern railways abused their dominant market position and overcharged millions of passengers.
Travelers were allegedly required to pay a higher fare than necessary because their Travelcards entitled them to travel for a portion of the trip, which the class action lawsuit alleges constitutes a breach of U.K. competition law.
The train companies had argued that there is insufficient commonality among the millions of passengers who purchased tickets to travel outside of the subway zones covered by their Travelcard, and that the class action lawsuit should therefore not be allowed to move forward.
Are you a Travelcard holder who was potentially overcharged? Tell us your story in the comments below!
Gutmann is represented by Philip Moser QC, Stefan Kuppen and Alexandra Littlewood of Monckton Chambers, instructed by Hausfeld LLP.
The Train Ticket Overcharge Class Action Lawsuits are Justin Gutmann v. First MTR South Western Trains Ltd., Case No. 1304/7/719 and Justin Gutmann v. London & South Eastern Railway Ltd., Case No. 1305/7/7/19, in the United Kingdom Competition Appeal Tribunal.
Don’t Miss Out!
Check out our list of Class Action Lawsuits and Class Action Settlements you may qualify to join!
Read About More Class Action Lawsuits & Class Action Settlements:
- Winter of Discontent? What You Need to Know About the Gas and Petrol Crises
- Millions of Railcard Passengers Closer to Refunds After £93M Railway Overcharge Class Action Lawsuit
- OGX Shampoo, TRESemmé, WEN: Johnson & Johnson not the only brand to be accused of putting dangerous chemicals in shampoo
- Millions of Railcard Passengers Closer to Refunds After £93M Railway Overcharge Class Action Lawsuit
