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

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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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