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28 April 2023 / David Pickstone , Darren Kidd , Alexander Lerner
Issue: 8022 / Categories: Features , Procedure & practice , Collective action , CPR
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Developments in group litigation: a more flexible approach?

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David Pickstone, Darren Kidd & Alexander Lerner examine some positive signs for CPR 19.6 & the future of collective proceedings in England and Wales
  • Considers the recent High Court judgment in Commission Recovery Ltd v Marks & Clerk LLP, which permitted a claimant pursuing a claim in respect of secret commissions to proceed on behalf of itself and clients and former clients of one of the defendants on an ‘opt out’ basis.
  • The judgment demonstrated the flexibility of CPR 19.6, and noted the importance of legislative intervention to develop this area of law and thereby put England and Wales at the forefront of global collective redress.

The decision of the High Court in Commission Recovery Ltd v Marks & Clerk LLP and another [2023] EWHC 398 (Comm) represented the first significant judicial analysis of the ‘same interest’ test in CPR 19.6 since Lloyd v Google [2021] UKSC 50. The decision may mark a significant departure from the court’s historically restrictive

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NEWS
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NLJ this week: No such thing as a ‘Welsh seat’
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
NLJ this week: Jury reform risks justice for efficiency’s sake
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
NLJ this week: Crypto fightback offers ‘new frontier for law’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
NLJ this week: Time to revive the duty to report crime?
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
NLJ this week: When are experts truly ‘necessary’?
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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