Kenny Henderson

CMS (London)
Lawyer (Partner)

Kenny Henderson is a Partner with CMS Cameron McKenna Nabarro Olswang based in London. She is an experienced litigator who represents sophisticated and blue chip clients in high stakes disputes, frequently with a multi-jurisdictional element. He is solutions-oriented, and deploys litigation strategies tailored to deliver commercial objectives. He has particular expertise in regulated sectors, and in particular in pharmaceutical and technology claims. Kenny has acted on many of the highest profile follow-on claims issued in Europe to date. Unusually, he has led matters both on the claimant and the defendant side. He is also active in the developing area of class and group actions.

Linked authors

CMS (London)
CMS (London)

Articles

390 Bulletin

Kenny Henderson, Jessica Foley, Devina Shah UK competition class actions: an overview of national case law in the first five years

390

Five years ago, on 1 October 2015, the UK introduced a class action procedure for competition claims. Following a public consultation on the proposed new regime, the Government summed up its decision to introduce an opt-out mechanism as follows: “…it is very clear that the current system of collective redress [which does not include an opt-out class action procedure] does not work. Consumers are not currently getting redress for breaches of competition law… Consumer groups have been clear that they would not take another case under an opt-in system… It is also clear that… there are some cases that could only ever be brought on an opt-out basis…”. In the consultation process, the UK Government also noted that business groups had different concerns, including that an opt-out mechanism could lead to exaggerated claims and that the U.S. class action model should be avoided.

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