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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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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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