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26 March 2009 / Stephen Lister
Issue: 7362 / Categories: Opinion , Commercial
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Collective action

Where next for multi-party litigation? Stephen Lister reports

Multi-party litigation was highlighted in Lord Woolf’s 1996 Access to Justice: Final Report as one of the weaknesses of the legal system. He noted a “lack of equality between the powerful, wealthy litigant and the under resourced litigant”. The Civil Procedure Rules (CPR) have now been in place for just over a decade—have they changed the status quo?

It would seem that there remains room for improvement—at least, according to the Office of Fair Trading (OFT), the European Commission, and most recently the Civil Justice Council, which have all published papers containing proposals for reform.

The prospect of multi-party litigation is accompanied by the spectre of US-style class actions, which to many is anathema (hence the multiplicity of synonyms for “class actions” used in discussion of the topic: “collective claims”, and “consumer collective redress” being two). The reform proposals consider issues attendant on implementation of multi-party litigation, and propose solutions to these; key policy aims and considerations are set out below.

Office of Fair Trading
The OFT

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NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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