Collective action

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Public willingness to take part in class actions is rising, according to annual research by communications consultancy Portland

Australia-headquartered mining giant BHP has been held strictly liable as ‘polluters’ for the Fundão dam disaster in Brazil, in one of the largest group actions ever brought in the English courts

The opt-out collective actions regime is facing ‘significant challenges’ but could benefit the UK by £24bn a year if enhanced and expanded, a report by Stephenson Harwood has found

Unclaimed funds left after an opt-out collective action has settled should be given to a justice charity rather than reverting in full to the defendants, lawyers or funders, the Access to Justice Foundation (AJF) has recommended

The government is reviewing opt-out collective proceedings before the process has had a chance to ‘bed in’, a leading litigation lawyer has warned

People bringing collective actions should always instruct costs specialists to help them scrutinise their lawyers’ fees, the Competition Appeal Tribunal (CAT) has declared

Michael Brown & Harriet Campbell consider the future form for class actions in the UK

Michael Brown and Harriet Campbell of Penningtons Manches Cooper explore how recent rulings are reshaping group litigation in the UK, in this week's issue of NLJ

Litigation funders have seen off a legal challenge to funding agreements amended to take account of PACCAR

It’s a potentially billion-pound question: how should litigation funding be reformed? The Civil Justice Council (CJC) recently published its proposals, but will these come to pass? In this week’s NLJ, David Greene, NLJ consultant editor and senior partner at Edwin Coe, sets out the issues at play and suggests inspiration be sought from other jurisdictions such as the US, Hong Kong and Singapore

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MOVERS & SHAKERS

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Boies Schiller Flexner—Tim Smyth

Firm promotes London international arbitration specialist to partnership

Katten Muchin Rosenman—James Davison & Victoria Procter

Firm bolsters restructuring practice with senior London hires

HFW—Guy Marrison

Global aviation disputes practice boosted by London partner hire

NEWS

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NLJ this week: The insider returns

Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome

NLJ this week: Drawing the line on contempt

After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights

NLJ this week: Stop and search by the numbers

The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains

NLJ this week: Looking back on the prorogation that never was

Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously

NLJ this week: How not to plead a schedule of loss

A construction defect claim in the Court of Appeal offers a sharp lesson in pleading discipline. In his latest 'Civil way' column for NLJ, Stephen Gold explains how a catastrophically drafted schedule of loss derailed otherwise viable claims. Across the areas explored in this week's column, the message is consistent: clarity, economy and proper pleading matter more than ever

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Collective action

MOVERS & SHAKERS

Boies Schiller Flexner—Tim Smyth

Katten Muchin Rosenman—James Davison & Victoria Procter

HFW—Guy Marrison