Class actions represent an increasing area of risk for UK corporates, with increasing numbers of high-profile and highvalue group claims being brought, or threatened to be brought, in the English courts. The principal mechanism used to litigate these claims differs from the ‘opt-out’ class action familiar from the US, where claimants who fall within a defined class are automatically included unless they take steps to opt out. In contrast, claims in the English courts normally proceed on an ‘opt-in’ basis, with claimants issuing claims which are then managed together by the court under a Group Litigation Order (or GLO).
Damian Grave, Gregg Rowan and Maura McIntosh investigate how in-house lawyers can tackle the increasing threat of class actions in the English Courts
This article was first published in the Summer Edition of the In-House Lawyer magazine.
The contents of this publication are for reference purposes only and may not be current as at the date of accessing this publication. They do not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking any action based on this publication.
© Herbert Smith Freehills 2021