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Collective action

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The government is considering wholesale reform of consumer class actions—the ‘opt-out’ collective claims certified by the Competition Appeals Tribunal (CAT)
Consumers’ association Which? has applied to withdraw from its five-year £480m class action against smartphone chipset provider Qualcomm, following an agreement between the parties
Litigation funder Innsworth Capital, which funded behemoth opt-out action Merricks v Mastercard, can bring a judicial review, the High Court ruled last week
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
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MOVERS & SHAKERS

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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