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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

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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