Claim Documents

The Collective Proceedings Claim Form sets out Mr Evans’ proposed claim for damages against the banks in detail, and explains why the claim is suitable to be brought as collective proceedings. It also details the reasons why Mr Evans should be authorised to act as the class representative. The Claim Form includes a provisional estimate of damages (which will be updated once the claim progresses and further information is received). For more information on this, please see FAQ25.

The Claim Form also includes certain documents as annexes:

(a) the two decisions issued by the European Commission concerning the foreign exchange spot trading cartels and a press release published by the European Commission summarising its findings; and

(b) documents that are relevant to the administration of the claim if it is authorised by the Competition Appeal Tribunal to proceed, such as: a draft Collective Proceedings Order (or CPO) certifying the claim to proceed, a proposed notice which would be sent to persons who may be covered by the claim, and a copy of the definition of the proposed classes.

The Commission summarised its findings in the decisions in a press release issued on 16 May 2019.

The class definition identifies the two classes of persons that would be covered by Mr Evans’ proposed claim. A further explanation of the class definition is provided in the Claim Form at pages 25-44.

A person wishing to bring collective proceedings as a class representative must first obtain permission from the Competition Appeal Tribunal for the claim to proceed. This is known as obtaining a Collective Proceedings Order (CPO).

This is the draft CPO which Mr Evans requests the Tribunal to make in his favour in order to permit his proposed claim to proceed on behalf of the two proposed classes.

If the Competition Appeal Tribunal makes a CPO in Mr Evans’ favour, he will be required to give notice to class members that such an order has been made in a form and manner approved by the Tribunal. Mr Evans has produced this draft notice which he will ask the Tribunal to approve if a CPO is made in his favour.

Mr Evans’ CV contains details of his background and experience.

This document provides further information regarding the Consultative Panel that Mr Evans has appointed to assist him in managing the claim. The current members of the consultative panel are Lord Carlile of Berriew CBE QC, Professor Philip Marsden and David Woolcock.

The Litigation Plan sets out how Mr Evans and his legal advisers will ensure that the proposed claim will be effectively and efficiently pursued in the interests of the proposed classes, including how Mr Evans will ensure that he communicates effectively with members of the proposed classes.

The Notice and Administration plan has been prepared by Angeion Group, an experienced class action and administration company which has been engaged by Mr Evans. The Angeion Plan is focused on explaining how those persons within the proposed classes will be made aware of the proposed claim and appropriately targeted with any relevant notices.

The Proposed Timetable contains an estimated timeframe for the progress of the proposed claim.

The Costs Budget sets out estimates of the costs involved in bringing the proposed claim and administering the claim on behalf of the classes.

Mr Evans’ second witness statement explains why, from his experience, it would be neither practicable nor desirable to bring the claim on an opt-in basis.

Mr Evans also addresses why he is suitable to act as class representative, including his relevant experience and the steps he has taken to put in place adequate funding and insurance arrangements.

Copies of certain of Mr Evans’ funding and ATE insurance documents are available on request by emailing enquiries@fxclaimuk.com.

This document provides updated information regarding the Consultative Panel that Mr Evans has appointed to assist him in managing the claim. As well as Lord Carlile of Berriew CBE QC, Professor Philip Marsden and David Woolcock, the panel also now includes Professor Joseph Stiglitz, a Nobel Prize-winning economist, public policy analyst and professor at Columbia University.

Mr Evans’ third witness statement updates the Tribunal regarding recent changes to Mr Evans’ funding and insurance arrangements.

Mr Evans has obtained funding of £34,487,152 and has put in place £33,500,000 of after the event (ATE) insurance to cover his liability to pay the banks’ costs if the claim is unsuccessful.

Copies of certain of Mr Evans’ funding and ATE insurance documents are available on request by emailing enquiries@fxclaimuk.com.

The Tribunal’s assessment of Mr Evans’ application for a CPO may include consideration of the experience of Mr Evans’ legal representatives. Anthony Maton is the managing partner of Hausfeld & Co LLP, the law firm that Mr Evans has instructed to represent him in his application for a CPO. Mr Maton provides information about his and Hausfeld’s experience and expertise.

Mr Maton’s statement also explains some of the steps that Hausfeld took to obtain the non-confidential versions of the European Commission’s decisions on Mr Evans’ behalf.

This includes a profile of Hausfeld’s relevant experience and professional biographies of each member of the team of barristers that Mr Evans has instructed. The barristers representing Mr Evans are Aidan Robertson QC, Victoria Wakefield QC, Joanne Box and Aaron Khan, all of Brick Court Chambers.

Mr Maton’s second witness statement describes the amendments that were made to this proposed claim after Mr Evans received copies of the confidential versions of the European Commission’s decisions from the banks. Mr Maton also provides further information regarding Mr Evans’ funding arrangements, and explains that Mr Evans has obtained additional ATE insurance.

Copies of certain of Mr Evans’ funding and ATE insurance documents are available on request by emailing enquiries@fxclaimuk.com.

Mr Maton’s third witness statement provides updated information about Mr Evans’ funding arrangements, including the additional ATE insurance that Mr Evans has put in place in respect of the claim.

Copies of certain of Mr Evans’ funding and ATE insurance documents are available on request by emailing enquiries@fxclaimuk.com.

Mr Maton’s fourth witness statement explains why he considers that, from his experience, opt-in proceedings would be impracticable.

Mr Maton also: (a) describes the funding structure of the claim, which provides that payment of unrecovered costs (including funding fees) is to be made out of undistributed damages; (b) updates on the status of other FX collective actions; and (c) provides an overview of the additional relevant experience Hausfeld has obtained since his first witness statement.

Copies of certain of Mr Evans’ funding and ATE insurance documents are available on request by emailing enquiries@fxclaimuk.com.

Updated profile of Hausfeld’s relevant experience.

Mr Maton’s fifth witness statement provides responsive evidence in relation to various factual matters, including the timing of Mr Evans’ application, Mr Evans’ funding and insurance arrangements, Hausfeld & Co LLP’s role in monitoring wider developments that impact the proposed proceedings, sources of data that will be relied upon by Mr Evans’ experts and economic challenges that would arise if the proposed proceedings were brought on an opt-in basis.

Copies of certain of Mr Evans’ funding and ATE insurance documents are available on request by emailing enquiries@fxclaimuk.com.

Mr Maton’s sixth witness statement addresses updates to Mr Evans’ funding, budget and insurance arrangements.

Copies of Mr Evans’ funding and ATE insurance documents are available on request by emailing enquiries@fxclaimuk.com.

This is an extract from Exhibit AJM 24 containing Mr Evans’ updated costs budget.

Adrian Chopin is a Managing Director of Bench Walk Advisors, a specialist litigation funder with whom Mr Evans is working to bring the claim.

Mr Chopin’s statement provides information about the experience and expertise of Bench Walk Advisors together with details of the funding structure for the claim.

Copies of certain of Mr Evans’ funding and ATE insurance documents are available on request by emailing enquiries@fxclaimuk.com.

Mr Chopin’s third witness statement addresses the impracticability of funding opt-in proceedings and provides additional information about Mr Evans’ funding arrangements.

Copies of certain of Mr Evans’ funding and ATE insurance documents are available on request by emailing enquiries@fxclaimuk.com.

Mr Chopin’s fourth witness statement further addresses the impracticality of opt-in proceedings from the perspective of a commercial litigation funder. It also responds to commentary from the other potential class representative regarding Mr Evans’ funding and insurance arrangements.

Copies of certain of Mr Evans’ funding and ATE insurance documents are available on request by emailing enquiries@fxclaimuk.com.

Mr Chopin’s fifth witness statement addresses the costs of litigation funding and changes to Mr Evans’ litigation funding budget.

Copies of certain of Mr Evans’ funding and ATE insurance documents are available on request by emailing enquiries@fxclaimuk.com.