denotes premium content | May 10 2008 
News
posted 3 Mar 2008
Group action reform needed, says CJC
COLLECTIVE REDRESS procedures in England and Wales should be reformed in a different manner to US class actions, according to a report commissioned by the Civil Justice Council (CJC).
The report, entitled: Reform of collective redress in England and Wales: a perspective of need, utilised consumer claims in Europe and common law jurisdiction to draw up 19 ‘building blocks’ for improvement in the area, and highlighted the need to address the opt-in nature of group litigation orders (GLOs). In class actions in the US, those that do not want to be part of proceedings must opt-in, but the CJC’s research suggested following this model in the UK may not be viable, with many law firms complaining that opt-in did not always suit the action.
“The research which underpins this Paper demonstrably evidences an ‘unmet need’ for reform of collective redress mechanisms in English civil procedure,” says Professor Rachael Mulheron, author of the report and professor in the department of law at Queen Mary University of London. “Whether this is to be achieved by the introduction of a new collective redress mechanism or by supplementation of an existing procedure, something more is required to facilitate the litigation and testing of widespread grievances.”
The CJC is expected to report to the government on the problems highlighted in the report later in 2008.
