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Nov 24, 2023 · There are four ways to bring a class action in England and Wales: multiple claimants suing the same defendant (s) using the same claim form; group litigation orders; collective proceedings; and. representative proceedings. Each is set out in turn below.
- Managing Similar Claims Together
- Group Litigation Orders
- Collective Redress Schemes
- Proposals For Reform
The court can also use its case management powers to consolidate proceedings which were brought by different claimants or manage them together, often using sample or test cases to decide issues of law or fact which are common across the claims. This route gives the parties and courts flexibility to design the most appropriate procedure for the part...
As well as using general case management powers mentioned above, the court has available the power to make a "Group Litigation Order" (GLO) to provide for the case management of "claims which give rise to common or related issues of fact or law". The test for this is less demanding than that for commencing a representative action, as the interests ...
Aside from the procedures for mass actions in the courts discussed in this guide, businesses may decide, or be required by regulators or statute, to establish collective redress schemes, often referred to as 'compensation schemes'. These offer businesses an alternative means of righting wrongs committed against a particular class of individuals or ...
Providing effective means of collective redress is a hot topic and has been the subject of a number of consultations over recent years. Although the UK, post-Brexit, is unlikely to be required to implement the terms of the recentEU Directive requiring member states to establish compliant procedures for consumer mass actions, there are other proposa...
Dec 21, 2023 · Introduction. The last 12 months have been some of the busiest on record for class actions in the UK, heralding a number of significant developments as the regime takes shape. We look below at some key trends from 2023. Large Number of High-Value Claims. Claimants continue to focus their efforts on seeking high-value, opt-out Collective ...
Jan 19, 2022 · However, such claims can only be brought on an “opt-in” basis, where class members must affirmatively choose to participate. Absent a large class opting in (which has been rare), these may not be commercially viable, either.
Sep 21, 2023 · In fact, we already have a large slice. A recent report identified that 48% of all class action filings across Europe between 2018-2022 were made in the UK and had a total combined value of more than £100 billion. The shape, size and subject matter of these cases, however, has evolved significantly over the last 5 years, as claimants have hit ...
Jan 12, 2023 · Litigation funding plays an important role in class actions in the UK and the EU, with funders backing many high-profile claims. According to a recent report by Portland Communications, [2] the assets owned by the top litigation funders in the UK alone in 2022 increased to £2.2 bn, representing an increase of more than 10% on the previous year.
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Jan 20, 2023 · Practice points. Consumer clicks and class actions. By Seema Kennedy 20 January 2023. 1 Comment. How many times in the last week, while scrolling through social media, have you seen...
