Other Key Filings

The banks filed a joint CPO Response and a joint CPO Rejoinder to Mr Evans’ application for collective proceedings, arguing that Mr Evans’ application should only be permitted to proceed as an opt-in action.

These documents contain Mr Evans’ reply to the banks’ Joint CPO Response and Joint CPO Rejoinder and set out Mr Evans’ position as to why his claim should be certified to proceed on an opt-out basis.

At the certification hearing in July 2021, the Tribunal heard Mr Evans’ application at the same time as another application for a CPO relating to the foreign exchange spot trading cartels, filed by Michael O’Higgins FX Class Representative Limited.

The Tribunal will consider which of the two proposed class representatives is more suitable to represent the class(es) and which, if either, should proceed.

These documents contain Mr Evans’ submissions as to why he would be more suitable to act as class representative.

During the pre-hearing review which took place on 21 June 2021, the Tribunal ordered Mr Evans and Michael O’Higgins Class Representative Limited to file neutral statements in relation to the merits and benefit to be returned to the class(es) if the claims are successful.

This document summarises Mr Evans’ case theory, the factual foundations of his claim, the proposed methodology for measuring the quantum of damages and the available data that Mr Evans’ experts have identified to use in that methodology.

These documents, which were filed with the Tribunal ahead of the certification hearing which commenced on 12 July 2021, set out summaries of Mr Evans’ arguments as to why: (a) his proposed collective proceedings should be certified and proceed on an opt-out basis for UK-domiciled persons; and (b) he is more suitable to act as class representative than the other proposed class representative.

During the certification hearing in July 2021, the Tribunal invited Mr Evans and Michael O’Higgins Class Representative Limited to file further submissions relating to their theories as to how the banks’ conduct caused harm to the class(es).

This document summarises Mr Evans’ case.

The banks filed a joint response to Mr Evans’ further submissions relating to his theory of harm.

This document is Mr Evans’ reply to the banks’ response.

The Tribunal handed down its judgment on Mr Evans’ application in March 2022, deciding that the proposed collective proceedings can be certified, but on an opt-in basis only.

This document is Mr Evans’ application for permission to appeal the Tribunal’s decision.