Under the UK GDPR and EU GDPR, the term ‘representative’ is expressly defined as meaning: ‘…a natural or legal person established in the [EU GDPR: EEA / UK GDPR: UK] who, designated by the controller or processor in writing pursuant to Article 27, represents the controller or processor with regard to their respective obligations under this Regulation;’

Ireland-Dispute Resolution analysis: This article, written by Richard Willis, partner (Litigation, Dispute Resolution and Investigations), Joanelle O’Cleirigh, partner (Litigation, Dispute Resolution and Investigations) and Kate O’Donohoe, of counsel (Litigation, Dispute Resolution and Investigations), of Arthur Cox LLP, provides a mid-year update on representative actions in Ireland. It examines the designation of two additional qualified entities under the Representative Actions for the Protection of the Collective Interests of Consumers Act 2023 (Ireland) (RAPCICA 2023 (IRL)), the latest developments in Ireland’s first representative action and the expected Law Reform Commission (LRC) recommendations on third-party litigation funding, together with the potential implications for businesses operating in Ireland.

IP analysis: This judgment considers CPR Part 19 representative actions in the context of copyright infringement claims, particularly those that involve alleged infringement of a very large number of works owned by different entities. The court decided that one Claimant, Thomas M Barwick Inc (Barwick), could not act as a representative for a class of individuals (who had licensed copyright works on similar terms to Getty, with the other claimants being members of the Getty corporate group) due to an unclear class definition and issues with how the claim would be case managed. The judgment emphasises the necessity of a clear, outcome-independent class definition and a common interest among class members under CPR 19.8. The court also dismissed an informal application under CPR 19.3 to proceed without joinder of all interested parties, stating there was insufficient evidence to address whether there was potential prejudice to the defendants, though it did not shut out a further application under CPR 19.3 supported by appropriate evidence, and such an application was not precluded by the finding under CPR 19.8. Written by Luke Maunder, associate Director at Osborne Clarke LLP.

Dispute Resolution analysis: In Commission Recovery v Marks & Clerk LLP, the Court of Appeal considered the Commercial Court’s dismissal of an application for an order directing that the claimant, Commission Recovery Ltd (‘CRL’) not be permitted to act as a ‘representative’, in the context of CPR 19.8(2) (then CPR 19.6(2)). The applicants, Marks & Clerk LLP (‘M&C’) and Long Acre Renewals (‘LAR’), appealed the first instance decision on several bases, though the issue ultimately before the court of Appeal was whether this was an ‘appropriate case for CRL to act as a representative claimant’, taking into account the extent to which the members of the class ‘raise[d] a common issue’, whether any conflict(s) of interest existed between the members of the class in respect of that issue, and whether the Court should exercise its discretion to make an order prohibiting CRL from acting as representative in any event. The Court of Appeal dismissed the appeal. Written by Emily Lodge, associate at Quinn Emanuel Urquhart Sullivan UK LLP.

Insurance & Reinsurance analysis: Permission was granted to the insurer, Royal & Sun Alliance (RSA) to bring a representative claim on behalf of a number of other insurers exercising subrogated rights to recoveries from a shipping container leasing company. The claim was properly constituted despite the failure to join an insurer with a common interest in the claim. Written by Phillip Patterson, barrister, Gatehouse Chambers.

This Practice Note gives guidance on representative claims under CPR 19.8 where more than one person has the same interest in a claim. In particular, it gives guidance on the circumstances in which it may be appropriate for a representative party to bring or defend a claim for others with the same interest (CPR 19.8(1)) and the circumstances in which the court may direct a representative party not to act for particular individuals (CPR 19.8(2)). It also considers who is bound by any judgment or order made in a representative claim under CPR 19.8(4), liability for costs, opting out of a representative claim and the specific provisions that apply where the parties to be represented cannot be ascertained, have died, are beneficiaries of a trust, etc. Finally, practical tips on representative claims are offered. The authoritative guidance on the application of CPR 19.8 is the Supreme Court decision of Lloyd v Google. Note: With effect from 6 April 2023, the provisions within CPR 19 were renumbered by SI 2023/105—see: LNB News 02/02/2023 98—Amendments to the Civil Procedure

This immigration analysis considers the impact of AF (child appellant; representation and instructions) Nigeria, which confirms who may instruct solicitors and bring an immigration appeal on behalf of a child. The Upper Tribunal held that a third party with no parental responsibility or legal authority cannot institute an appeal on behalf of a child without instructions from the child (if competent), a parent, legal guardian or other properly authorised person. The decision provides important guidance on safeguarding, children's capacity to give instructions, and the duties owed by legal representatives acting for minors.

A. Additional documents for main applicant Evidence of your continued employment with your employer and your financial ability to maintain yourself and any dependants in the UK:Your payslips and bank statements should be provided which should cover a three-month or 12-month period (see comment) and should show a full breakdown of your pay, including salary payments and any commission, and your ability to support yourself financially. The last document should be dated no more than 31 days before the application.Payslips—these should be either:—payslips printed on company-headed paper showing the employer’s name, or—printouts of online payslipsPersonal bank or building society statements—these should be either:—statements on bank stationery—ad hoc statements printed on the bank's letterhead (excluding mini-statements from Automatic Teller Machines (ATMs)), or—printouts of electronic statementsAll statements should include the following details:—your name—account number—date of the statement—the financial institution’s name, contact details and a branch code, and—any transactions over the periodEvidence of your accommodation in the UK, eg tenancy agreement or mortgage documents. The format of documentation may vary depending on the country where you have

For sole representatives [ To be typed on letter-headed paper of employer including its name and logo ] [Insert address of employer] [Insert Home Office address where application is being sent] [Insert date] Dear [insert organisation name] [Insert name, date of birth and nationality of applicant as per passport] I confirm on behalf of [insert full name of overseas business] that [insert name of applicant] [has been employed by [insert full name of overseas business] from [insert date employment commenced overseas] to-date OR has been employed by [insert full name of overseas business] from [insert date employment commenced with the overseas business] to [insert date employment ended with the overseas business], and then by [insert name of UK company] from [insert date employment commenced with the UK company] to-date]. [Insert name of applicant]

A. Additional documents for all main applicants Evidence of your employment for the last 12 months. This could include:—payslips—bank statementsPayslips should be either:—printed on company-headed paper showing the employer’s name, or—printouts of online payslips Your bank statements should show a full breakdown of your pay, including salary payments and any commission. Personal bank or building society statements should be either:—statements on bank stationery—ad hoc statements printed on the bank's letterhead (excluding mini-statements from Automatic Teller Machines (ATMs)), or—printouts of electronic statementsAll statements should include the following details:—your name—account number—date of the statement—the financial institution’s name, contact details and a branch code, and—any transactions over the periodThe last document should be dated no more than 31 days before the application. Some of this information will also be provided in a letter from your employer (see below).The format of documentation may vary depending on the country where you have your employment contract. There is some flexibility allowed in the format of payslips and evidence of documents from financial institutions—if

For a sole representative [ To be typed on letter-headed paper of overseas business including its name and logo ] [Insert address of employer] [Insert Home Office address where application is being sent] [Date] Dear [insert organisation name] [Insert name, date of birth and nationality of applicant as per passport] I confirm on behalf of [insert full name of overseas business] that [insert name] [has been employed by [insert full name of overseas business] from [insert date employment commenced with the overseas business] to-date OR has been employed by [insert full name of overseas business] from [insert date employment commenced with the overseas business] to [insert date employment ended with the overseas business], and then by [insert name of UK company] from [insert date employment commenced with the UK company] to-date]. [Insert name] entered the UK as our sole UK representative on [insert date] under the position title of [insert position title]. This position is the most senior position within the UK business. [[insert name] established our UK-registered

Dispute Resolution analysis: The court refused an application for summary judgment/strike out brought by a payment services provider in representative proceedings commenced by individuals who had been the subject of a sophisticated fraud. The fraud was committed through a corporate body who held an account with the payment services provider. The payment services provider applied to strike out the claim and/or for summary judgment on the basis that—(i) the claimants did not have standing to bring representative proceedings, and (ii) the causes of action advanced were not in any event sustainable. The court disagreed and found that it was at least realistically arguable that the claimants had standing to commence representative proceedings and that the payment services provider had paid out money in breach of mandate and/or in breach of the Quincecare duty of care. Written by Christopher Snell, barrister, at New Square Chambers.