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26 July 2024 / Charlotte Hill
Issue: 8081 / Categories: Features , Profession
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Class actions: All for one…

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Charlotte Hill provides an update on the pivotal role of group litigation in the English legal landscape
  • Presents a history of the evolution of group litigation in England, and outlines the three current regimes.

Group litigation plays a pivotal role in the English legal landscape. While traditionally associated with US legal procedures, group litigation (also known as class actions) have gained prominence across Europe and in the UK in recent years. Available in English courts for over a century, they form an integral part of modern English civil procedure. The increasing trend in group litigation can be attributed to factors such as access to third-party litigation funding and technological advancements, underscoring the evolution and acceptance of this practice in the UK.

Evolution of group litigation

While we have seen a large increase in the use of group litigation over recent years, this is not a novel concept for the English justice system. As far back as 1893, the Rules of the Supreme Court (the RSC) (the CPR’s predecessor) provided (at Order 16 rule 1) that: ‘All persons may be joined

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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