Class actions

Recent Articles

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  14/04/2025

  England and Wales

  Securities litigation: Court refuses to strike out "common reliance" and "dishonest delay" claims

  In a significant development for securities litigation, the High Court has refused to strike out claims based on "common reliance" (or "price/market reliance") and "dishonest delay" in Various Claimants v Standard Chartered plc [2025] EWHC 698 (Ch). This decision marks a notable departure from last year's ruling in another securities litigation decision (you can find our analysis of that decision here). Background and applicationThe case involves claims brought by 217 claimants (representing approximately 1,391 funds) claiming around £1.5 billion from Standard Chartered PLC. The claimants...

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  02/04/2025

  England and Wales

  The silicosis scare: disease concerns from working with artificial stone

  BackgroundIn recent years there has been a significant increase in the popularity of using artificial stone in kitchens and bathroom worktop fittings with many retailers and trade suppliers emphasising its benefits for durable, low maintenance and aesthetic qualities. The material is made from a crushed natural stone bound with resins and colourings to create a hard surface. This is often sold as quartz worktops but may also have the terms ‘artificial marble’ or ‘granite composite’.Recent studies have found the artificially manufactured material contains up to 90-95% crystalline...

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  12/03/2025

  England and Wales

  Rep­res­ent­at­ive proceedings: Court of Appeal upholds rejection of bifurcated approach in securities claims

  In a decision that has significant implications for securities litigation in the UK, the Court of Appeal has dismissed Wirral Council's appeal in Wirral Council (As Administering Authority of Merseyside Pension Fund) v Indivior PLC [2025] EWCA Civ 40, upholding the High Court's decision to strike out the representative proceedings brought under CPR 19.8. This decision provides important clarification on the proper application of the representative action mechanism in securities claims and emphasises the importance of case management powers in multi-party litigation.Background: Representative Proceedings...

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  27/11/2024

  United Kingdom

  The CJC Review of Pre-Action Protocols – Phase Two Report (Final) now published

  On 15 November 2021, the UK's Civil Justice Council (CJC) published an Interim Report initiating a consultation on pre-action protocols (PAPs).  The consultation closed in January 2022. CMS responded to the consultation with interest, given the potential impact on the legal industry and insurers/insureds alike.It is the responsibility of the CJC, through its designated Working Group (WG), to make recommendations to the Civil Procedure Rules Committee (CPRC). It is for the CPRC to accept or reject those recommendations and draft the revised PAPs.The CJC's response was published in two parts....

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  23/09/2024

  United Kingdom

  High Court rejects Rep­res­ent­at­ive Action Class Action against British Airways and easyJet

  Introduction The High Court has rejected a “Representative Action” claim brought against British Airways and easyJet, which was seeking an estimated £319 million against easyJet alone on behalf of persons entitled to compensation for cancelled or delayed flights.  This decision, of Smyth v BA and easyJet [2024] EWHC 2173 (KB), is the latest judgment in the important area of developing law: the Representative Action procedure under CPR 19.8.The High Court rejected the claim both on discretionary grounds, where it expressed scepticism of the motives of the funder and the...

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  06/09/2024

  Scotland

  One case to bind them all - Class actions and res judicata

  Summary In McCluskey v Scott Wilson[1] the Inner House has provided useful guidance on application of the doctrine of res judicata in the context of group actions.From 2012 actions were raised by the residents of a housing estate in Motherwell (“Watling Street”), claiming personal injury as a result of the development allegedly being built on contaminated land. It was claimed that engineers, Scott Wilson, who were involved in the remediation of the site, both owed duties to the residents and breached those duties.The earlier decision in McManus v Scott Wilson[2] had already...

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