Thompsons Solicitors Scotland V James Finlay (kenya) Limited
| Jurisdiction | Scotland |
| Judge | Lord Weir |
| Neutral Citation | [2022] CSOH 12 |
| Date | 02 February 2022 |
| Docket Number | GP2/21 & GP3/21 |
| Court | Court of Session |
| Published date | 02 February 2022 |
OUTER HOUSE, COURT OF SESSION
[2022] CSOH 12
GP2/21 & GP3/21
OPINION OF LORD WEIR
In th e Group Proceedings Applications brought by
THOMPSONS SOLICITORS SCOTLAND
Applicant
against
JAMES FINLAY (KENYA) LIMITED
Defender
Applicant: Smith QC; Thompsons Solicitors Scotland
Defenders: J G Thomson; BLM
2 February 2022
Introduction
[1] There are two applications before the court. The first application is submitted under
rule 26A.5 of the Rules of Court. It is an application in terms of section 20(3)(b) of the Civil
Litigation (Expenses and Group Proceedings) (Scotland) Act 2018, seeking the court’s
permission for the applicant to be a representative party to bring group proceedings against
the defender. The second application is submitt ed under rule 26A.9 of the Rules of Court. It
is an application in terms of section 20(5) of the 2018 Act, seeking the court’s permission to
bring group proceedings against the defender in respect of allegedly unsafe workin g
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2 cases
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Applications To Be A Representative Party In Group Proceedings And For Permission To Bring Group Proceedings By Lee Bridgehouse Against Bayerische Motoren Werke Aktiengesellschaft
...causing musculoskeletal injuries: The James Finlay (Kenya) Ltd Group Proceedings (Thompson Solicitors Scotland v James Finlay Kenya Ltd [2022] CSOH 12, Hugh Hall Campbell QC v James Finlay Kenya Ltd [2022] CSIH 29, [2022] CSOH 61, [2022] CSOH 94, [2022] CSOH 95, [2023] CSOH 45, [2023] CSIH ......
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Hugh Hall Campbell Qc, Representative Party In Proposed Group Proceedings Against James Finlay (kenya) Limited
...By interlocutor dated 16 February 2022, the Lord Ordinary granted permission to bring group proceedings against the respondents (see [2022] CSOH 12). The respondents challenge that decision on the basis that the qualifying requirements of section 20(6)(a) of the Civil Litigation (Expenses 2......
2 firm's commentaries
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The Weekly Roundup: The Multijurisdictional Edition
...tea plantations in Kenya, but whose registered office is in Scotland. In Thompsons Solicitors Scotland v James Finlay (Kenya) Ltd [2022] CSOH 12, the Lord Ordinary granted permission for the group proceedings to proceed in the Scottish courts, dismissing the respondent's forum non convenien......
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The Weekly Roundup: The Feline Edition
...don't seem to be fussed about being identified with their clients. Thompsons Solicitors Scotland v. James Finlay (Kenya) Limited [2022] CSOH 12 concerned group proceedings brought by 1500 tea-pickers employed on the defender's plantation in Kenya. They allege that they have suffered musculo......