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12 April 2016 / Leigh Callaway
Issue: 7695 / Categories: Features , Profession , Litigation trends
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Strength in numbers

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Leigh Callaway on group claims & the future of claimant litigation

The ability of a group or groups of multiple claimants to bring joint claims—a class action—has long existed in a number of legal jurisdictions. The best known jurisdiction is perhaps, the US, which is renowned, perhaps unfairly, for big ticket group claims, involving many dozens if not hundreds of claimants, with damages in the millions. Class actions in England, referred to in this jurisdiction as group litigation orders (GLOs) were brought into law following Lord Woolf’s Access to Justice report, with the CPR establishing a relatively flexible framework for the management of cases involving multiple claims by different parties. Historically, however, the GLO procedure has not been widely used.

The reason why is unclear, but is perhaps attributable to the English cultural approach to litigation—typically as a nation we do not litigate for the sake of litigating—and certainly the “loser pays” principle militates against speculative claims. However, with the rise of litigation funders, who necessarily approach litigation with more of

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MOVERS & SHAKERS

Forbes Solicitors—Stephen Barnfield

Forbes Solicitors—Stephen Barnfield

Regulatory team boosted by partner hire amid rising health and safety demand

Arc Pensions Law—Kris Weber

Arc Pensions Law—Kris Weber

Legal director promoted to partner at specialist pensions firm

Clarke Willmott—Jonathan Cree

Clarke Willmott—Jonathan Cree

Residential development capability expands with partner hire in Birmingham

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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