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07 October 2022 / Tom Stables , David O'Brien
Issue: 7997 / Categories: Features , Profession , Collective action
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Group actions: Time to join forces? (Pt 3)

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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

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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