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Daniel Spendlove, Neil Newing, and George Bazinas successfully acted for Commission Recovery Limited in the Court of Appeal

By Daniel Spendlove & Neil Newing & George Bazinas

Partners Daniel Spendlove and Neil Newing, and Senior Associate George Bazinas, successfully acted for Commission Recovery Limited in the Court of Appeal, which ruled that Commission Recovery Limited’s claim against Marks & Clerk may proceed as a representative action. The appeal upheld Mr Justice Robin Knowles CBE’s 24 February 2023 decision, which found that Commission Recovery Limited had successfully met the hurdle to bring a representative claim under CPR 19.8 on behalf of a class of claimants in Commission Recovery Limited v. Marks & Clerk LLP and Long Acre Renewals (A Firm), CL-2021-000405, with counsel instructed from Fountain Court Chambers.

Read the full judgment, published 18 January 2024, here.

In the judgment with large implications for the collective action regime in England and Wales, Sir Geoffery Vos, Lord Justice Nugee and Lord Justice Snowden held that the appeal brought by Marks & Clerk LLP and Long Acre Renewals is dismissed, upholding Mr Justice Knowles’ decision.

The wider case focuses on secret commissions allegedly paid by CPA Global, an intellectual property management organisation, to intellectual property law firm Marks & Clerk in return for referring their clients to CPA. CPA allegedly paid these secret commissions to Long Acre Renewals, a partnership formed of current and former partners of Marks & Clerk.

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