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Re-grouping redress

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Michael Brown & Harriet Campbell consider the future form for class actions in the UK
  • Recent court decisions have guided claimants on the best way to bring group claims.
  • In group litigation, it is crucial to understand the nuances of the different procedural methods. Finding flexibility is key. While representative claims offer greater economic efficiencies, they carry a significant risk.

Recent decisions from the English courts have given guidance to claimants on the best way to bring group claims. In particular, key decisions on claims brought in an ‘omnibus’ claim form, under a group litigation order and as a representative action may have effectively shaped the future parameters of group litigation in this jurisdiction. This article looks at the court’s approach and the guidance that can be gleaned from recent case law. In light of the Civil Justice Council’s (CJC’s) recent final report on litigation funding, we also consider the potential impact of the proposed simplification of the conditional fee and litigation funding regulatory regimes.

The group claim framework

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MOVERS & SHAKERS

Mourant—Stephen Alexander

Mourant—Stephen Alexander

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mfg Solicitors—nine trainees

mfg Solicitors—nine trainees

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360 Law Group—Anthony Gahan

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NEWS
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Small law firms want to embrace technology but feel lost in a maze of jargon, costs and compliance fears, writes Aisling O’Connell of the Solicitors Regulation Authority in this week's NLJ
Charles Pigott of Mills & Reeve reports on Haynes v Thomson, the first judicial application of the Supreme Court’s For Women Scotland ruling in a discrimination claim, in this week's NLJ
The Supreme Court issued a landmark judgment in July that overturned the convictions of Tom Hayes and Carlo Palombo, once poster boys of the Libor and Euribor scandal. In NLJ this week, Neil Swift of Peters & Peters considers what the ruling means for financial law enforcement
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