Hot Legal Topics — Tuesday

Period: Last 4 days (Fri–Mon)

New Legislation / EU Directives

• UK: Opt-Out Collective Actions Regime Under Reform Pressure — The International Legal Finance Association (ILFA) has submitted its response to the Government's consultation on competition law enforcement, calling for the existing opt-out collective actions regime to be clarified rather than rebuilt. Relevance: The outcome of this consultation will determine the future framework conditions for mass litigation in the UK. (Link)

BGH / Landmark Judgments

• KG vs. OLG Frankfurt: Conflicting Case Law on "Order Now" Button — The Kammergericht (Berlin Court of Appeal) has departed from the OLG Frankfurt's position, holding that a mere "Order" button without a clear indication of payment obligation does not give rise to a valid payment contract. This divergence in case law on online ordering processes has direct broad-reaching implications for e-commerce consumer disputes — with significant potential for bundled consumer claims. (Link)

• BGH on Street Art on Condominium Association (WEG) Façades — The Federal Court of Justice (BGH) confirms that a condominium owners' association (Wohnungseigentümergemeinschaft) may, by majority resolution, commission a mural on a building façade; a dissenting individual co-owner's challenge is unsuccessful. This landmark ruling has far-reaching implications for a large number of condominium association constellations throughout Germany. (Link)

• BGH on the Scope of Single-Judge Jurisdiction — The BGH has quashed the admission of an appeal on points of law, holding that a single judge is not entitled to determine unilaterally whether a matter is of fundamental legal significance — that decision falls within the competence of the full chamber. This ruling has procedural relevance for the admissibility of numerous future appeals on points of law. (Link)

• Hessian LSG: No Reimbursement for Heirs in Respect of Unpaid, Unused Substitute Care — Heirs of a care-dependent deceased person receive nothing in respect of substitute care (Verhinderungspflege) that was neither utilised nor paid for. This ruling potentially affects a large number of inheritance cases in the care context. (Link)

Trends in Litigation Funding & Legal Tech

• AI-Generated Submissions Flooding Social Courts in Schleswig-Holstein — AI-generated, voluminous applications have triggered an "extreme new wave" of filings; the number of first-instance interim injunction proceedings has more than doubled. An early indicator of how AI tools can structurally drive up the volume of claims and applications. (Link)

• UK Tribunal Certifies Revived Apple/Amazon Consumer Claim — The Competition Appeal Tribunal has partially certified a collective action against Apple and Amazon, subject to amendments to the claimant representative's funding and remuneration structure. This illustrates a growing trend of courts scrutinising funding arrangements as a condition of certification. (Link)

• Linklaters Calls for Standalone Cost-Benefit Test for UK Antitrust Class Actions — The proposal aims to introduce stricter admissibility thresholds for antitrust class actions in the UK. (Link)

• Burford Capital: Up to $1.4 Billion Entitlement from $5.7 Billion Apple Patent Verdict — This illustrates the scale at which litigation funders are now participating in mass proceedings and high-value cases. (Link)

• Dutch Funder FairPlay Legal Halts Financing of Gambling Loss Claims — In response to a ruling by the Dutch Supreme Court, this development demonstrates how a single judicial decision can abruptly dry up entire funding segments for mass litigation. (Link)