header-logo header-logo

08 November 2024 / Elaina Bailes , Tom Otter
Issue: 8093 / Categories: Features , Profession , Class actions
printer mail-detail

Representative actions: status & the future

196001
Elaina Bailes & Tom Otter chart the recent resurgence of representative actions post Lloyd v Google
  • Representative actions now warrant serious consideration as a mechanism for bringing multi-party claims.
  • They could assist investors in obtaining redress when it would not otherwise be realistically available to them, with a key Court of Appeal judgment expected next year.
  • Reform is needed to the CPR to assist the courts, maximise the utility of representative actions for claimants as a recovery mechanism and to ensure England retains its position as a global centre for litigation.

Does England & Wales have an opt-out class action system? This seemingly straightforward question that often comes from foreign lawyers has a ‘yes and no’ answer; ‘yes we do, but only for some causes of action’.

This article considers one of the two existing procedural mechanisms for opt-out actions: representative actions permitted under rule 19.8 of the Civil Procedure Rules (the other being opt-out procedures in the Competition Appeal Tribunal).

In particular, we focus on

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
back-to-top-scroll