Title: Justice Enhanced: Framing an Opt‐Out Class Action for England
Abstract: This article contends that the absence of an opt‐out class action remains a yawning gap within English civil procedure. Various recent reform proposals have favoured opt‐in procedural vehicles as the way forward. However, key features of these proposals – an opt‐in approach and the use of a representative claimant – are subject to considerable reservations in jurisprudence from both England and elsewhere. Following a critique of these features, the article proposes that an ‘opt‐out regime with brakes’ should be introduced, taking into account both the requirement for proportionality under the Civil Procedure Rules, and the invaluable lessons provided by the established Commonwealth statutory class actions regimes.
Publication Year: 2007
Publication Date: 2007-07-01
Language: en
Type: article
Indexed In: ['crossref']
Access and Citation
Cited By Count: 25
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