Class Actions in England and Wales
provides essential reference for practitioners looking to bring or defend class action litigation in the courts of England and Wales. This is an increasingly important area of law and procedure, with growing numbers of high-value and high-profile claims being brought by large groups of claimants.
This new work focuses in particular on the Group Litigation Order procedure, as well as the controversial mechanism for bringing competition claims on an opt-out basis introduced by the Consumer Rights Act 2015. The text also examines three specific types of class actions that have become more prevalent in recent years, particularly shareholder/securities claims, environmental/human rights based claims against businesses, and competition claims.
Coverage draws on applicable procedural rules, legislation, case law, comparative analysis and the authors’ own experience of class action litigation.
The text begins with an overview of the development of class action mechanisms in England and Wales. It then looks at when the English courts will have jurisdiction over collective claims, as well as the challenging issues of applicable law and enforcement of judgments that arise in this context. In a practical and comprehensive manner, it then takes the reader through each stage of the group litigation process, from commencement and conduct to trial and settlement, also addressing issues relating to costs and the important question of how such actions can be funded. Throughout the text, the discussion is illustrated by examples of decisions the courts have reached in practice.
Finally there are separate chapters on the three types of case referred to above, including a comprehensive review of the new opt-out mechanism for competition claims and the cases brought under it.
Additionally, the book:
- Covers various class action procedures and funding, conduct, trial and settlement
- Examines specific types of class actions, in particular three specific areas of law - shareholder claims; human rights and environmental claims, and competition claims
- The main causes of action are examined for shareholder claims in England and Wales as well as shareholder activism and the impact of regulatory action
- Covers the basis of claims and causes of action in human rights and environmental issues, looking at the impact of increased scrutiny of human rights and environmental compliance and relevant international laws and principles
- Investigates competition claims in the light of new legislation - the Consumer Rights Act 2015, brought into force in October 2015 - as well as safeguards to avoid frivolous or unmeritorious claims and opt-out collective settlement or voluntary redress schemes and the EU antitrust damages directive
- Draws on applicable procedural rules, case law, comparative analysis and the authors' own experience of class action litigation
- Gives an overview of class actions, including the definition of a class action, the procedures for the grouping of claims and the distinction between opt-in and opt-out claims
- Outlines the principles relating to jurisdiction, choice of law and enforcement of judgments in England and Wales, and how they apply in group action context
- Looks at the participation of foreign claimants and the enforcement of foreign class action judgments or settlement
- Explains how to commence and conduct a group action, including case management, disclosure and evidence, giving examples of cases
- Outlines the trial, judgment and settlement processes of a group action, looking at individual and practical issues
- Costs and third party funding of group actions are explained