header-logo header-logo

26 March 2009 / Stephen Lister
Issue: 7362 / Categories: Opinion , Commercial
printer mail-detail

Collective action

Where next for multi-party litigation? Stephen Lister reports

Multi-party litigation was highlighted in Lord Woolf’s 1996 Access to Justice: Final Report as one of the weaknesses of the legal system. He noted a “lack of equality between the powerful, wealthy litigant and the under resourced litigant”. The Civil Procedure Rules (CPR) have now been in place for just over a decade—have they changed the status quo?

It would seem that there remains room for improvement—at least, according to the Office of Fair Trading (OFT), the European Commission, and most recently the Civil Justice Council, which have all published papers containing proposals for reform.

The prospect of multi-party litigation is accompanied by the spectre of US-style class actions, which to many is anathema (hence the multiplicity of synonyms for “class actions” used in discussion of the topic: “collective claims”, and “consumer collective redress” being two). The reform proposals consider issues attendant on implementation of multi-party litigation, and propose solutions to these; key policy aims and considerations are set out below.

Office of Fair Trading
The OFT report, Private Actions in Competition Law: Effective Redress for Consumers

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll