The Boundary Fares Claims

General Information

1. Why has this website been created?

   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.

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2. What is the difference between the SW/SE and TSGN Claims?

   The 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.

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3. Who are the claims against?

   The SW/SE Claim:

   The SW/SE Claim comprises claims against the following train operating companies:

   1. First MTR South Western Trains Limited
   2. Stagecoach South Western Trains Limited
   3. London & South Eastern Railway Limited

   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:

   1. Govia Thameslink Railway Limited
   2. Govia Limited
   3. The Go-Ahead Group plc
   4. Keolis (UK) Limited

   Collectively, the Defendants to the SW/SE Claim and the TSGN Claims are the ‘Defendants’.

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4. Are there maps I can look at to see if I have been taking one of these journey routes?

   Yes, please see the map routes for each here: South Western Railway Network, Southeastern Railway Network, TSGN Network

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5. What did the Defendants do wrong? What are the claims?

   The 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 do not make (cheaper) ‘boundary’ fares or ‘extension’ fares available, or sufficiently available, for purchase on their services.

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6. What is a ‘boundary fare’?

   Boundary 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, owing to the difficulty in purchasing boundary fares and the fact that consumer awareness of their existence 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.

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7. Who is the class representative?

   Mr 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.

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8. What are the class representative’s responsibilities?

   As 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 choose to ‘opt-out’ of the class in due course.

   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.

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9. What is the Competition Appeal Tribunal?

   The 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.

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10. What are ‘opt-out’ class proceedings?

    As 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.

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11. Who are the solicitors of the class representative?

    The solicitors of the class representative are Charles Lyndon Ltd and Hausfeld LLP.

    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.

    Hausfeld is a leading specialist law firm known for its expertise in competition litigation. Hausfeld’s lawyers have pioneered the private enforcement of competition law in Europe and have extensive experience working on collective actions on behalf of consumers and businesses. Hausfeld LLP is a limited liability partnership authorised and regulated by the Solicitors Regulatory Authority in England and Wales. To see their website, click here.

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12. Who is paying for the claims?

    Whilst 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.

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Class Member Information

13. Who would be in the class for the SW/SE claim and for the TSGN claim?

    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:

    1. the person for whom the fare was purchased held a Travelcard valid for travel within one or several of TfL’s fare zones at the time of their journey or, where the fare was a season ticket, for at least the period of validity of that season ticket fare; and
    2. ii. the rail fare was for travel in whole or in part on the services of the relevant Defendant(s) from a station within (but not on the outer boundary of) the zones to a destination beyond the outer boundary of those zones (including fares for return journeys).

    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.

    Please see the Collective Proceedings Notices for more details on the class definition and for instructions on how to opt-out or opt-in. The online opt-in form is available here.

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14. Are businesses included in the SW/SE class and in the TSGN class?

    Businesses 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.

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15. I qualify as a class member – what do I have to do?

    If 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 any at this stage unless you would like to opt-out of the claims. The domicile date is 19 October 2021.

    If you were not domiciled in the UK on 19 October 2021 but you meet the class criteria, you can opt-in to the claim via the online form here.

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16. Is anyone excluded from the SW/SE class or the TSGN class?

    The only categories of persons that are excluded from each class are:

    1. Members and staff of the Competition Appeal Tribunal assigned to these proceedings;
    2. Officers, directors or employees of:
       1. The Defendants;
       2. any entities which have a (direct or indirect) interest in any of the Defendants that give rise to significant control; and
       3. any entities in which any of the Defendants have such an interest;
    3. Mr Gutmann’s and the Defendants’ legal representatives as well as any experts or other professional advisers instructed in these proceedings, including the professional staff assisting them.

    For non-domiciled class members (i.e. people who did not live in the UK on the domicile date) it is still possible to be part of the SW/SE claim class or the TSGN claim class, provided that you opt-in to the claim, as explained in the relevant Collective Proceedings Notices. You can opt-in to the claim online here.

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17. Will the claims cost me anything?

    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.

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Claim Benefits

18. How much money do the claims ask for?

    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.

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19. How much money will I receive and can I claim under both claims?

    If 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.

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20. When and how will I receive money?

    No 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.

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21. What am I giving up in exchange for the claims' benefits?

    If 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.

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More Information

22. What happens now that the claims have been certified?

    Both 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.

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23. How can I stay updated on the progress of the collective actions?

    If 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.

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