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

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NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
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