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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

Haynes Boone—Jeremy Cross

Haynes Boone—Jeremy Cross

Firm strengthens global fund finance practice with London partner hire.

DWF—Stephen Webb

DWF—Stephen Webb

Partner and head of national planning team appointed

mfg Solicitors—Nick Little

mfg Solicitors—Nick Little

Corporate team expands in Birmingham with partner hire

NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
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