General Information
This website has been created in order to inform members of the public and potential class members about the South Western (“SW”), Southeastern (“SE”) and Govia Thameslink Railway (“TSGN”) claims. The website will also form one of the ways in which Justin Gutmann, the Class Representative for the SW/SE claim and the Class Representative for the TSGN claim, will communicate with the class members of the SW/SE claim and the class members of the TSGN claim.
Back To TopThe legal basis of the claims is largely very similar. The main distinction between the claims is that they each relate to different routes and are therefore brought against different train operating companies.
The SW/SE Claim relates to the South Western and Southeastern routes, whereas the TSGN Claim relates to the Thameslink, Southern, Great Northern, and Gatwick Express routes.
The SW/SE Claim was filed on 27 February 2019 and the Collective Proceedings Order Application hearing took place on 9 – 12 March 2021. On 19 October 2021, the SW/SE Claim was certified. Justin Gutmann has been approved as class representative, and the claims were held to raise common issues and be suitable to be brought in collective proceedings.
The TSGN Claim was filed on 24 November 2021 and has also been approved as suitable to be brought in collective proceedings, following a hearing on 22 March 2023.
Back To TopThe SW/SE Claim:
The SW/SE Claim comprises claims against the following train operating companies:
However, each of these claims are case managed and dealt with together, so we refer to just one claim.
First MTR South Western Trains Limited is the train operating company currently operating all rail services under the South Western rail franchise. Stagecoach South Western Trains Limited previously operated the South Western rail network until 20 August 2017.
London & South Eastern Railway Limited is the train operating company that operated all rail services under the Southeastern rail franchise until 17 October 2021.
The TSGN Claim:
The TSGN Claim comprises claims against the following train operating companies:
Collectively, the Defendants to the SW/SE Claim and the TSGN Claims are the ‘Defendants’.
Back To TopYes, please see the map routes for each here: South Western Railway Network, Southeastern Railway Network, TSGN Network
Back To TopThe claims combine the individual claims of class members against SW/SE and/or TSGN for damages arising from the Defendants’ alleged abuse of their dominant position in breach of competition rules (Section 18 of the UK’s Competition Act 1998).
Mr Gutmann alleges that the Defendants have breached competition laws by charging Travelcard holders too much for travel on the SW/SE and TSGN routes: specifically, it is alleged that the Defendants did not make ‘boundary fares’ or ‘extension’ fares sufficiently available, for use on their services.
Back To TopBoundary fares allow rail passengers who own Travelcards to travel beyond the zones covered by their Travelcard to their destination of choice without paying twice for the part of their journey within their Travelcard’s eligible zones.
For example, if a rail passenger owned a zones 1-4 Travelcard, but needed to travel from Waterloo to Reading they should be able to purchase a fare from the edge of zone 4 to Reading, as they have already paid for the part of their journey that covers zones 1-4 by purchasing a Travelcard. However, because consumer awareness of the existence of boundary fares is very low, rail passengers end up paying for the full journey from, for example, Waterloo to Reading or London Bridge to Luton and, in doing so, pay twice for the part of the journey from zone 1 to the boundary of zone 4.
Back To TopMr Justin Gutmann is the class representative in the SW/SE and the TSGN claims. Mr Gutmann was approved as the Class Representative in the SW/SE Claim in the Tribunal's judgment dated 19 October 2021 and in the TSGN claims in the Tribunal’s judgment dated 24 March 2023.
Mr Gutmann has spent a large part of his professional life dedicated to public policy, market research and, specifically, to consumer welfare. His final post prior to retirement was as a Head of Research and Insight at Consumer Focus, the UK’s statutory consumer champion, and later Citizens Advice. Mr Gutmann also spent eight years working for London Underground as Market Planning Manager.
Back To TopAs the class representative, Mr Gutmann will have conduct of the claims against the train operating companies on behalf of all class members, except for those who have choosen to ‘opt-out’ of the class.
During the proceedings, Mr Gutmann will be responsible for communicating with the class and for issuing formal notices. Communication will occur via updates and announcements on this website, email correspondences, and written notices. Mr Gutmann is also supported by a Consultative Group, which is made up of industry experts, should he feel it necessary to consult the group. This group is separate to the legal advisors or economists.
Back To TopThe Competition Appeal Tribunal is a specialist court based in London that covers the whole of the UK and hears disputes such as these. The Tribunal publishes its Rules and Guidance, together with information about what it does, on its website.
Back To TopAs a rule, class proceedings can be brought on either an ‘opt-in’ or ‘opt-out’ basis, subject to certification by the Competition Appeal Tribunal. In ‘opt-out’ class proceedings, such as these, the claims are brought on behalf of a defined group of persons but those persons do not have to be personally identified, nor do they have to opt-in to the proceedings.
UK domiciled claimants within the class are automatically included in these ‘opt-out’ class proceedings unless they follow the specific steps to opt-out.
Back To TopThe solicitor of the class representative is Charles Lyndon Ltd.
Charles Lyndon is a boutique litigation firm with expertise in competition law. Charles Lyndon has extensive experience of the UK collective action regime gained in building this claim and other similar actions. Charles Lyndon is a company incorporated and registered in England and Wales and regulated by the Solicitors Regulatory Authority. To see their website, click here.
Back To TopWhilst Mr Gutmann is the class representative for the claims and runs these collective actions for the class, he is not able to fund a claim of this size and public importance on his own. Therefore, Mr Gutmann is working with a specialist litigation funder, Woodsford Litigation Funding Limited, to bring the claims.
The non-confidential versions of certain documents relevant to the funding of the claims, namely the Litigation Funding Agreements, the Adverse Cost Deeds of Indemnity, and the After-the-Event Insurance Policies can be provided upon request by emailing info@BoundaryFares.com.
Back To TopClass Member Information
The class members for the SW/SE claim and the TSGN claim are very similar, the key distinction being which route you travelled on and therefore the relevant Defendant to your claim. Some passengers may also be eligible to claim compensation in both the SW/SE and TSGN claims.
Those included in the relevant class are those:
Who, at any point during the period between 1 October 2015 (for the SW/SE Claim) or 24 November 2015 (for the TSGN Claim) and the date of final judgment (or earlier settlement of the relevant claims) purchased or paid for, for themselves and/or another person, a rail fare which was not a boundary fare, or a point-to-point fare for the portion of their journey between the last station covered by their Travelcard to their destination, where:
If you fit the description above and live in the UK, then you will be automatically included in the class, unless you choose to 'opt-out'. However, if you meet the description above and are not a resident in the UK, you will likely be required to opt-in to the proceedings, in order to participate.
The window to opt-in or opt-out per the Collective Proceedings Notices has now closed. Those wishing to opt-in or opt-out must now request the permission of the Tribunal.
Back To TopBusinesses are included in the SW/SE class and in the TSGN class. It is called an opt-out class because anyone, including businesses, who meets the class definition will be included in the claim automatically and bound by the result, unless they ask to opt-out.
Back To TopIf you meet the criteria in FAQ 13, you will be automatically included in the relevant class if you were in the UK on the ‘domicile date’ and you therefore do not have to do anything at this stage. The domicile date is 19 October 2021.
The window to opt-in (if you were not domiciled in the UK on 19 October 2021 but you meet the class criteria) or opt-out (if you are a class member but no longer wish to be) per the Collective Proceedings Notices has now closed. Those wishing to opt-in or opt-out must now request the permission of the Tribunal.
Back To TopThe only categories of persons that are excluded from each class are:
There will not be any cost to you. The funding arrangements in place mean that class members will not need to pay anything to be part of the claim and have no financial risk in relation to the claim.
Back To TopClaim Benefits
The SW/SE claim and the TSGN claim both seek compensation for all those who have been affected by the train operating companies’ allegedly anti-competitive behavior. The total sought is around £93 million for the SW/SE Claim and £73 million for the TSGN Claim. If the claims are successful, all persons who have an eligible claim will be able to seek their share of the compensation.
Back To TopIf the claims are won, all persons who have an eligible claim will be able to seek the compensation for their qualifying journeys made after 1 October 2015 for the SW/SE claim and 24 November 2015 for the TSGN claim.
If you think you are entitled to compensation you should keep any evidence of all Travelcard ownership and rail fare purchases relating to the South Western, Southeastern, Thameslink, Southern, Great Northern, and/or Gatwick Express rail networks.
You may have one or more claims under both the SW/SE claim and TSGN claim as long as you provide evidence of your Travelcard ownership and rail fare purchases on the relevant routes.
Back To TopNo money is available now and there is no guarantee that money will be available in the future. The claims will have to be won in the Competition Appeal Tribunal unless a settlement can be agreed as between the class representative and the relevant Defendants.
The court process can take time, so please be patient. If, and when, money becomes available, class members will be notified about how to obtain a payment. Please Register to be kept up to date.
Back To TopIf the collective actions are successful, class members who remain part of the class (i.e. who do not ‘opt-out’) will release the SW/SE Defendants and the TSGN Defendants from any other liability and will not be able to bring any other claims against the Defendants on the same basis in alternative legal actions.
Back To TopSSWT Settlement Information
Stagecoach South Western Trains Limited (“SSWT”) and Mr Gutmann have reached a settlement in respect of this claim. The SSWT settlement (“the Settlement”) provides for the payment of up to £25,000,000 (twenty-five million pounds sterling) to eligible Represented Persons who submit a valid claim for compensation. The settlement has been reached without any admission of liability.
Back To TopThe Class includes those who, at any point between the 1 October 2015 and 1:59am on the 20 August 2017, purchased or paid for, themselves and/or another person, a rail fare that was not a boundary fare, or a point-to-point fare for the portion of their journey between the last station covered by their Travelcard to their destination, where:
You may submit a claim. Please click here to submit a claim online. Please click here to download a claim form.
You may opt-out of the Settlement. If you are someone who falls within the class and who was domiciled in the United Kingdom on 30 April 2024, and do not wish to be bound by the terms of the Collective Settlement, you may opt-out by communicating to the Class Representative that you wish to do so, providing your full name, postal address and telephone number. You do not need to provide a reason for opting out. Please click here to find a template opt-out letter that you can download and complete, no later than the 10 August 2024.
You may opt-in to the Settlement, if you are someone who falls within the Class and you were not domiciled in the United Kingdom on the 30 April 2024, you will not be bound by the Collective Settlement unless you opt-in by communicating to the Class Representative that you want to do so with your full name, postal address and telephone number. Please click here to find a template opt-in letter that you can download and complete, no later than 10 January 2025.
You may do nothing. By doing nothing, you give up the right to receive any money from this Settlement. However, you will still be bound by the terms of the Collective Settlement Approval Order.
Back To TopIf you are someone who falls within the Class and you were not domiciled in the United Kingdom on the 30 April 2024, you will not be bound by the Collective Settlement unless you opt-in by communicating to the Class Representative that you want to do so with your full name, postal address and telephone number. Please click here to find a template opt-in letter that you can download and complete, no later than 10 January 2025.
Back To TopIf you are someone who falls within the class and who was domiciled in the United Kingdom on 30 April 2024, and do not wish to be bound by the terms of the Collective Settlement, you may opt-out by communicating to the Class Representative that you wish to do so, providing your full name, postal address and telephone number. You do not need to provide a reason for opting out. Please click here to find a template opt-out letter that you can download and complete, no later than the 10 August 2024.
Back To TopIf you are a member of the Class and do not submit a claim/do nothing, you will not receive a payment from this Settlement and you will still be bound by the terms of the Settlement Agreement.
Back To TopSubmitting a SSWT Settlement Claim
If you are a member of the Class, and submit a valid and timely claim, you may receive a payment and you will also be bound by the terms of the Collective Settlement Approval Order. You can find the Collective Settlement Approval Order here.
Back To TopOn 10 May 2024, the Competition Appeal Tribunal approved a settlement of £25 million between Mr Justin Gutmann, acting in his capacity as Class Representative, and Stagecoach South Western Trains Limited. The claim filing period is now open. The claim period opened on 10 July 2024 and will close on 10 January 2025.
You may submit a claim on the website here. If you wish to complete a paper claim form, they are available to download on the website here. We can also mail you a claim form. If sending your request by Post, please provide your first name, surname, and your complete mailing address. Please send it to the below address. The claim submission deadline is the 10 January 2025.
Send your request by Post to:
Boundary Fares SSWT Settlement
PO Box 1472
SUNDERLAND
SR43 4LB, England
The claim submission deadline is the 10 January 2025.
Back To TopPot 1: Fuller Evidence Pot – for claimants who have full proof of purchase for their journeys and Travelcards. Proof of purchase can include, but is not limited to: a bank or credit card statement showing purchase of a relevant fare and/or Travelcard, a screenshot showing a purchase of a relevant fare from an online retailer’s website, a loan from an employer for a Travelcard, hard copy proof of a relevant fare (such as the physical ticket), information obtained from a TfL account which shows proof of a relevant Travelcard, and information obtained from TfL or Trainline (or similar) account, which evidences purchase of a relevant rail fare. Claims under Pot 1 will be valued based on the actual difference in price between the fare paid and the appropriate Boundary Fare. There is no limit to the number of journeys per claimant and compensation will be the actual difference between the ticket price paid and the price of the appropriate Boundary Fare.
Pot 2: Partial Evidence Pot – for claimants who have proof of purchase for their journeys or Travelcards, but not both. Limited to 20 journeys at £5.00 per journey per claimant, with a maximum claim amount of £100.00. If the total amount claimed on the allocated sum within either Pot 3 or Pot 2 exceeds the allocated funds for that allocated part of the Pot as set out in Clause 2.4 (a) of the Settlement Agreement, please refer to Clause 2.4 (b) of the Settlement Agreement.
For claims covered by Pots 1 and 2, you may need to obtain bank statements as part of the required documentation. For a guide on obtaining bank statements, please view our guide here.
Pot 3: No Documentary Evidence Pot – for claimants who do not submit proof of purchase for their journeys nor their Travelcards. Limited to 6 journeys at £5.00 per journey per claimant, with a maximum claim amount of £30.00.
Back To TopPot 1: Fuller Evidence Pot Required Documentation: You must provide the following supporting documentation for each journey claimed: Proof of Purchase of the Relevant Travelcards, Proof of Purchase of the Qualifying Fare AND Proof of Residency.
If you purchased one or more season ticket(s) separately from your Travelcard in order to take relevant journeys during the Relevant Period, you must provide Proof of purchase of the Relevant Season Tickets, Proof of Purchase of the Relevant Travelcards and Proof of Residency.
If you claimed a season ticket, please enclose the following required documentation to support each of the season tickets:
Pot 2 Partial Evidence Pot Required Documentation: You must provide the following documents to support each of your claimed journeys. You must provide either proof of purchase of Relevant Travelcards or proof of purchase of the Qualifying Fare(s). And you must provide proof of residency.
If you claimed a season ticket, please enclose the following required documentation to support each of the season tickets:
Pot 3: No Documentary Evidence Documentation: you are required to submit proof of residency.
Proof of Residency: You must provide a bank or credit card statement, utility bill or other official correspondence such as a council tax or other tax bill that is less than three months old or a valid driving license that shows your full name and an address in the UK.
Back To TopSSWT Settlement Payments and Disbursements
At this time, we do not know a specific date by when payments will be sent, but they will be sent in 2025.
Back To TopIn the final approval of the Settlement, Stagecoach South Western Trains Limited, the defendant, has agreed to pay up to £25,000,000 (twenty-five million pounds sterling) to Represented Persons who submit a valid and timely claim and who did not opt out of the Settlement Class.
Back To TopThe Claims Administrator will use the information it receives on submitted claim forms and the required documentation to calculate the amount it believes is due to every Represented Person. This calculation cannot be finalised until the claim submission deadline has passed (10 January 2025) and all deficiencies and complaints have been resolved.
At this time, we do not know a specific date by when payments will be sent, but they will be sent in 2025.
Back To TopThe Claims Administrator will use the information received from timely and valid claim forms to calculate the amount believed to be due to every Represented Person in accordance with the data provided to us by the Class Representative and solicitors representing the Settlement Class.
Back To TopVAT will not be deducted from your Settlement check.
Back To TopYou are responsible for determining if you owe VAT on your Settlement payment, and for paying any such VAT expenses. The Claims Administrator, Class Representative, and Counsel are not able to provide any advice regarding VAT requirements. Whether you owe VAT on your Settlement payment is likely dependent on your individual financial and income/deduction reporting circumstances. Each Represented Person is encouraged to consult with their own solicitor/lawyer or financial advisor about whether they owe VAT on their Settlement payment.
Back To TopSettlement payments will be provided to Represented Persons via bank transfer. You are required to provide the necessary bank account information when submitting your web claim or by including the information on your paper claim form.
Back To TopMore Information
To learn more about the SSWT Settlement, you may email us at info@boundaryfares.com or call the Free Phone at + 44 808 304 8698.
Back To TopBoth the claims will now proceed to a three way split trial. The Tribunal has authorised the claims to continue as collective proceedings meaning that the millions of passengers affected will now be represented at court, unless they choose to leave. The first trial (which is dealing with whether the Defendants abused their position – assuming they are dominant on the relevant market) is due to take place in June 2024 and the second trial (to deal with causation and quantum) is due to take place in June 2025. The third and final trial to assess whether the Defendants are dominant on their relevant market will be scheduled in due course.
Back To TopIf you’d like to receive updates on the progress of the claims, please provide your contact information by Registering on this website.
Additionally, this website will be updated periodically, so it is a good idea to check back for new information from time to time.
Back To Top