Marks & Clerk and Prismall: a continued development of representative actions in English case law

Authors K. Thomas, T.G. Otter 1

Recent case law developments in England suggest that it may be possible for the English Civil Procedure Rule 19.8 to be applied more broadly than has previously been countenanced, at least in recent history, with a wider interpretation being used as to what might constitute the 'same interest' amongst a claimant group and the potential for bringing more claims on an "opt-out" basis. This represents a potentially major change to the usual "opt-in" case management arrangements generally used to manage large actions in England and could potentially alleviate the administrative burden on claimants. This article considers the current state of the law and evaluates whether further rule changes are required or likely.

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