Frequently Asked Questions

General Information

Class Member Information

  1. 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.

    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.

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  2. 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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  3. 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 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.

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  4. 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.
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  5. 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

  1. 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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  2. 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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  3. 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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  4. 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

  1. 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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  2. 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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