Michael Brown & Harriet Campbell consider the future form for class actions in the UK
- Recent court decisions have guided claimants on the best way to bring group claims.
- In group litigation, it is crucial to understand the nuances of the different procedural methods. Finding flexibility is key. While representative claims offer greater economic efficiencies, they carry a significant risk.
Recent decisions from the English courts have given guidance to claimants on the best way to bring group claims. In particular, key decisions on claims brought in an ‘omnibus’ claim form, under a group litigation order and as a representative action may have effectively shaped the future parameters of group litigation in this jurisdiction. This article looks at the court’s approach and the guidance that can be gleaned from recent case law. In light of the Civil Justice Council’s (CJC’s) recent final report on litigation funding, we also consider the potential impact of the proposed simplification of the conditional fee and litigation funding regulatory regimes.
The group claim framework
Outside of the competition sphere (and the financial
