Collective Actions June 26, 2009
Posted by Richard Moorhead in : Costs, Jackson Review , trackbackDebates are surfacing on collective actions on a number of fronts. The Civil Justice Council in particular has reported on this recently and the EC is looking closely at consumer redress with collective actions in mind.
Lord Justic Jackson side-steps issues of whether collective actions should be opt-in or opt-out as beyond his remit and turns to a consideration of cost-shifting rules. In particular, abolishing the ‘loser pays’ rule appears to be on his agenda (para. 5.11, page 362) and he distances himself from suggestions (made in the Civil Justice Council report) that there should be rebuttable presumptions in favour of caps but perhaps not costs management (para. 2.11, page 355).
Comments»
no comments yet - be the first?