Cross-border group relief: the final Supreme Court judgment in M&S

In May 2013, the Supreme Court found in favour of Marks & Spencer in holding that the date on which the ‘no possibilities’ test must be met, in the context of claims for cross-border group relief, was the date on which the claim was made. Following a further hearing, the last after 11 years of litigation, the Supreme Court has now held that a claimant can make successive claims as long as they are not time barred. If the ‘no possibilities’ test is not met at the date of an earlier claim, a later claim can be relied on.