Frequently Asked Questions

General Information

Class Member Information

  1. Who would be in the class for the SW/SE claim and who would be in the proposed class for the TSGN claim?

    The class members for the SW/SE claim and the proposed class members for the TSGN claim are very similar, the only distinction being which route you travelled on and therefore the relevant Defendant or Proposed Defendant to your claim. Some passengers may also be eligible to claim compensation in both the SW/SE and TSGN claims.

    The SW/SE claim class and proposed TSGN claim class definition:

    All persons 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 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; and,
    2. the rail fare was for travel in whole or in part on the services of the relevant Defendants / Proposed 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.

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

    Businesses are included in the SW/SE class and in the TSGN proposed 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?

    You do not need to do anything at this stage.

    If you meet the criteria in FAQ 11, you will be automatically included in the class if you were in the UK on the ‘domicile date’. The domicile date will be specified in the CPO.

    More information will be made available regarding next steps as and when each claim is certified. If you Register to receive more information, you will be contacted directly when substantive updates are available or actions are required. If you do not Register to receive more information, stay tuned to this website for periodic updates and announcements.

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

    The only categories of persons that are excluded from the class and proposed class are:

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

    A further hearing will take place in the SW/SE claim in November 2021 at which any further exclusions to the class will be discussed.

    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 proposed class, provided that you “opt in” to the claim, in writing. Information on how to do so will be available on this website at a later date. Please Register to be kept up to date.

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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 proposed 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 proposed 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 SW/SE class representative and the Defendants and the TSGN proposed class representative and the Proposed 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 Proposed Defendants from any other liability and will not be able to bring any other claims against either the Defendants or the Proposed Defendants on the same basis in alternative legal actions.

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  5. Can I object to the collective actions?

    It is too late to object to the SW/SE Claim.

    With respect to the TSGN Claim, any person with an interest (including any member of the proposed class) may object to the Collective Proceedings Order Application or the authorisation of Mr. Gutmann as class representative by writing to the Competition Appeal Tribunal stating their reason for objecting by the date specified in the Tribunal’s notice.

    Any member of the proposed class in respect of the TSGN Claim may also seek permission to make oral observations at the Collective Proceedings Order Application hearing, by making an application for such permission, with reasons, as part of his/her written objections.

    If you wish to file an objection, you must write to the Competition Appeal Tribunal stating your reasons for objecting and send it by post, or fax, to the following address:

    The Registrar
    Competition Appeal Tribunal
    Salisbury Square House
    8 Salisbury Square
    London EC4Y 8AP
    Fax: 020 7979 7979

    When writing to the Competition Appeal Tribunal you must include the reference [“Boundary Fares Collective Action against GTR” and Case No. TBD].

    Any third party with a legitimate interest (who is not a member of the proposed class) can also apply to the Competition Appeal Tribunal for permission to make written and/or oral submissions at the Collective Proceedings Order Application hearing. Any such application must be made in writing, supported by reasons and received by the Competition Appeal Tribunal by the date in the Notice of collective proceedings.

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More Information

  1. What happens now that the SW/SE claim has been certified?

    In the SW/SE Claim, the claim will now proceed to trial. The Tribunal has authorised the claims to continue as a collective proceedings meaning that the millions of passengers affected will now be represented at court, unless they choose to leave.

    The TSGN Claim was issued on 24 November 2021 and we are waiting for a pre-hearing review to be listed and thereafter a Collective Proceedings Order Application hearing to determine whether the TSGN Claim is allowed to continue to trial. Please Register to be kept up to date.

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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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