Class Action in UK Law

Leading Cases
  • Emerald Supplies Ltd v British Airways Plc
    • Chancery Division
    • 08 April 2009

    It is not disputed that damage is a necessary element in the cause of action of individual members of the class. Given the nature of the cause of action and the market in which the relevant transactions took place there is an inevitable conflict between the claims of different members of the class.

  • Pickering v Liverpool Daily Post and Others
    • House of Lords
    • 31 January 1991

  • Emerald Supplies Ltd v British Airways Plc
    • Court of Appeal (Civil Division)
    • 18 November 2010

    This does not mean that the membership of the group must remain constant and closed throughout. It does not have to be possible to compile a complete list when the litigation begins as to who is in the class or group represented. Judgment in the action for a declaration would have to be obtained before it could be said of any person that they would qualify as someone entitled to damages against BA.

    A second difficulty is that the members of the represented class do not have the same interest in recovering damages for breach of competition law if a defence is available in answer to the claims of some of them, but not to the claims of others: for example, if BA could successfully run a particular defence against those who had passed on the inflated price, but not against others.

  • Cutler v Wandsworth Stadium Ltd
    • House of Lords
    • 28 February 1949

    The only rule which in all circumstances is valid is that the answer must depend upon a consideration of the whole Act and the circumstances, including the pre-existing law, in which it was enacted. For instance, if a statutory duty is prescribed by no remedy by way of penalty or otherwise for its breach is imposed, it can be assumed that a right of civil action accrues to the person who is damnified by the breach. For, if it were not so, the statute would be but a pious aspiration.

  • Knupffer (Pauper) v London Express Newspaper, Ltd
    • House of Lords
    • 03 April 1944

  • Warnink (Erven) Besloten Vennootschap v J Townend & Sons (Hull) Ltd
    • House of Lords
    • 21 June 1979

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Legislation
  • The Town and Country Planning (General Permitted Development) (England) Order 2015
    • UK Non-devolved
    • January 01, 2015
    ... ... Class F of Part 2, F87Classes P and PA of Part 3, Class B of Part 11, Classes A ... paragraph (5) , the local planning authority must take no further action in relation to that prior approval application from the date it receives ... ...
  • Serious Crime Act 2015
    • UK Non-devolved
    • January 01, 2015
    ... ... (b) any action or proceedings taken for the purposes of any such realisation or transfer ... 9 In section 8 (limited class of applicants for making of orders)- ... (a) omit the word "and" at the ... ...
  • Fatal Accidents Act 1959
    • UK Non-devolved
    • January 01, 1959
    ... ... Act, 1846, and the Carriage by Air Act, 1932, by enlarging the class of persons for whose benefit an action may be brought thereunder, and to ... ...
  • The Explosives Regulations 2014
    • UK Non-devolved
    • January 01, 2014
    ... ... accordance with the United Nations Recommendations as falling within Class 1 but it does not include—(a) ammunition the acquisition of which is ... the agreement of the licensee it must, before taking any such action, notify the licensee of its proposed course of action and afford the ... ...
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Books & Journal Articles
  • An Australian Perspective on Class Action Settlements
    • No. 69-3, May 2006
    • The Modern Law Review
    Recent studies of the class action device have prompted legal commentators to turn their attention to the crucial issue of whether this device should be introduced in England and Ireland and, if so...
  • Class action suits by shareholders in India
    • No. 23-2, May 2016
    • Journal of Financial Crime
    • 414-426
    Purpose: As a part of the overhaul of the corporate governance norms, the Indian Government recently introduced class action suits for shareholders in India. This paper aims to analyze the efficacy...
  • Class action certification and constitutional claims: The South African case
    • No. 27-5, October 2020
    • Maastricht Journal of European and Comparative Law
    • 0000
    This article considers whether, in the case of South African, there is a valid basis for requiring certification of certain types of class actions only. Specifically, the article will consider whet...
  • Justice Enhanced: Framing an Opt‐Out Class Action for England
    • No. 70-4, July 2007
    • The Modern Law Review
    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 t...
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Law Firm Commentaries
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Forms
  • Notice of issue in road traffic accident claims
    • HM Courts & Tribunals Service court and tribunal forms
    Road Traffic Act (RTA) personal injury forms including the form to contest an RTA claim.
    ... ... Notice of Issue ... (Practice Direction 8B – Pre-Action ... Protocol for Low Value Personal Injury ... Claims in Road Traffic ... The court sent it to the defendant by first class post on ... and it will be deemed served on ... The defendant has until ... ...
  • Notice of issue (Specified amount)
    • HM Courts & Tribunals Service court and tribunal forms
    County Court forms including the N1 money claim form.
    ... ... The court sent it to the defendant by first class post on [ ... and it will be deemed to be served on [ ... The defendant ... defence, your claim will be stayed. This means that ... the only action you can take is to apply to a judge for ... an order lifting the stay ... ...
  • personal welfare application (COP GN4)
    • HM Courts & Tribunals Service court and tribunal forms
    Court of Protection forms including the COP1 application to make decisions on someone's behalf.
    ... ... rights and freedom of action ... • make declarations about a person’s capacity to ... make a ... • sending it to that address, by first-class post or by ... an alternative method of service that provides for ... ...
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