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Group actions: Time to join forces? (Pt 3)

07 October 2022 / Tom Stables , David O'Brien
Issue: 7997 / Categories: Features , Profession , Collective action
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A brave new world? In the final update in this series by Penningtons Manches Cooper, Tom Stables & David O’Brien mull the future of group actions
  • Description of opt-in and opt-out group claims.
  • Potential disadvantages of opt-in and opt-out group claims.
  • Future of group claims.

‘To allow this claim to proceed would… bring the administration of justice into disrepute among right-thinking people. It is an abuse of the process and should be struck out for that reason’. So said Mrs Justice Rose in her 2015 decision that none of the 64,697 claimants in Bao Xiang International Garment Center and others v British Airways plc [2015] EWHC 3071 (Ch), [2015] All ER (D) 232 (Oct) had authorised a claim to be made on their behalf. The claimants’ solicitors had commenced proceedings after being retained by the China Chamber of International Commerce (CCIC) and instructed to file a claim on behalf of its members—but without those members’ express authority. They had obtained and relied

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MOVERS & SHAKERS

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

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Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
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