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Class Actions in England and Wales provides an 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 contributors’ own experiences 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.