The authors write: ‘If parties have the “same interest in a claim” then a claim can proceed via a class representative with judgment binding the affected class. However, for some time the case law moved away from a practical interpretation of what constituted “same interest” to it becoming a very high bar which few groups of claimants could meet.’
This could change, with beneficial outcomes for investor protection or securities claims. Bailes and Otter explain what representative actions are, and how they could assist investors in obtaining redress in otherwise unrealistic cases. They note that a key Court of Appeal judgment in this area is expected next year.
Finally, is it time to reform the rules to improve case management in such claims?
