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14 March 2019 / David Greene
Issue: 7832 / Categories: Features , Procedure & practice
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Book review: Class Actions in England and Wales

  • Editor: Damian Grave, Maura McIntosh and Gregg Rowan
  • Publisher: Sweet & Maxwell 
  • ISBN: 9780414057302
  • RRP: £199

The words ‘class action’ immediately bring to mind the alleged excesses of the US opt out class process that some might term the ‘hot coffee’ style of litigation, after the infamous litigation in which a consumer sued a restaurant for serving coffee that was too hot. So, it is a bold step to title a book on collective process this side of the pond ‘Class Actions’, particularly one written by the defence bar in the form of Herbert Smith Freehills. On the claimant bar side, we have long referred to class actions as a collective phrase for any claim with large numbers of claimants, but the term has proved unpopular with authorities both here and in Europe because of the connotations it brings of US-style class litigation. The defence bar and the business lobby like the American Chamber of Commerce have used the term pejoratively as a signal for all the perceived problems of US class litigation.

Retracing the history

Attitudes

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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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