Private Law Theory

ABSTRACT
The absence of a generic opt-out class action regime under English law has created a significant access to justice gap, preventing many individuals from seeking redress for mass harm. At present, opt-out class actions exist only in the context of competition law. This means that, even if an alleged harm best aligns with another area of law, a litigant must repackage their claim as a breach of competition law to access the benefits of the class action framework. Drawing on the Gutmann Boundary Fares case, this article argues that repackaging reinforces the case for expanding class actions beyond competition law.

€ (Westlaw)

Sahil Thapa, ‘Repackaging class actions’ (2025) 44(4) Civil Justice Quarterly 246-267.