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The winding road ahead: navigating representative proceedings in the High Court

With the rise of litigation funding of group actions, there has been an increasing use of representative actions by Claimants in recent years. In turn, Defendants are challenging this and the Courts are scrutinising cases in...more

Collective Settlement of Mass Claims: an Opportunity for Innovation

The question of how to resolve mass torts is one that occupies the minds of all modern commercial litigators. Whether those mass torts involve personal injury or the mis-selling of financial products, resolution is a subject...more

Can Multiple Claimants Use the Same Claim Form in Group Actions?

A recent decision in the Birmingham County Court has added to the body of case law growing around the test for listing multiple claimants on the same claim form. In Angel and others v Black Horse Limited, unreported, 8...more

Disputes in Focus: Quick Q&A on Legal Privilege in Group Litigation

Legal professional privilege is a key issue in any litigation or investigation and each year the courts determine many disputes over its application. It can become less straightforward to manage and protect in multi-party or...more

Raising the Stakes in Activist Shareholder Claims

The High Court has ordered that ClientEarth pay Shell’s costs in connection with all aspects of ClientEarth’s unsuccessful application for permission to continue a derivative claim against Shell and its directors. This is a...more

New Group Litigation Order issued together with the potential development of a new “GLO Lite” procedure for the collective case...

The High Court has made a Group Litigation Order (GLO) in the class action proceedings of Tongue & Ors v Bayer Public Ltd Company & Ors [2023] EWHC 1792 (KB). This appears to be only the second GLO made by the High Court in...more

Município de Mariana v BHP Group: the English High Court casts its jurisdictional net wider in the Fundão Dam class action...

In the High Court’s recent judgment in Município de Mariana & Ors v BHP Group (UK) Limited & Anor the Court found that England was “clearly the appropriate forum” to determine whether Vale SA, a Brazilian company, should...more

Upper Tribunal Clarifies Limits on FCA’s Powers to Impose Single Firm Redress Schemes

On 21 June 2023, the Upper Tribunal handed down its judgment in BlueCrest Capital Management (UK) LLP v The Financial Conduct Authority [2023] UKUT 00140 (TCC). The case considers both the Upper Tribunal’s jurisdiction to...more

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