INTRODUCTION
The last few years, and 2022 in particular, has seen a marked disparity of views within the judiciary on whether they want collective remedies in the courts or not. 2018 saw the first certification of the so-called class action in the Competition Appeal Tribunal (CAT) over three years from when this was first permitted but 2022 also saw the Supreme Court closing the door to a significant route to justice in representative actions. Then in the King’s Bench Division of the High Court, we have seen decisions driven by alleged concerns about court resources being robustly reinstated by a different appellate judiciary. The growth of class and group actions where the individual claimant’s loss is a modest one but collectively the damages are large has also seen some examples of challenging behaviour by some law firms which have caused consternation amongst the public, judges and even the regulators ….
€ (Westlaw)
Mark Harvey, ‘Collective remedies: do they work? Does the court even want them?’, [2022] Journal of Personal Injury Law (4) 236-251.
Leave a Reply