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CLASS ACTIONS –INTRODUCTORY COMMENTS

CLASS ACTIONS –INTRODUCTORY COMMENTS. Geraint Howells Professor of Law Lancaster University Barrister Gough Square Chambers. Procedural rules. Joinder etc Representative actions GLO Competition Act. Factual situations.

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CLASS ACTIONS –INTRODUCTORY COMMENTS

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  1. CLASS ACTIONS –INTRODUCTORY COMMENTS Geraint Howells Professor of Law Lancaster University Barrister Gough Square Chambers

  2. Procedural rules • Joinder etc • Representative actions • GLO • Competition Act

  3. Factual situations • Litigants can be expected to bring a claim themselves (product liability/financial services/holiday claims) – Substantial individual interest • Litigants cannot be expected to bring claim themselves (consumer protection) – Collective interest

  4. Substantial individual interestclaims • Funding • Costs of lawyering • Civil Justice Council (contingent fees) • Litigation addressing issues • Jhering’s duty to litigate • Llewellyn’s learning function of law • Multiple Claimants v Sanofi-Synthelabo [2007] EWHC 1860 – bold case management may be necessary

  5. Consumer protection cases • Worst examples in US of lawyers’ interests sometimes trumping client redress • Need to decide if private litigation is the English/European way (by way of reasoned debate) • Will only work with opt-out cf football shirts case • Need novel remedies including cy-près • Can representative organisations be the filter to distinguish from US? • Need incentives (cost protection, but also positive incentives) • Part of restorative justice agenda

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