CLASS ACTIONS

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
• Jherings duty to litigate
• Llewellyns 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