As the number of significant high-value claims brought by large groups of claimants continues to grow, Herbert Smith Freehills will launch a groundbreaking resource for those looking to bring or defend class action litigation in England and Wales.
Class Actions in England and Wales has been written by leading lawyers from Herbert Smith Freehills and is published by Sweet & Maxwell. Due to be launched on 26 June 2018, at an event in the firm's London office, the new book offers a practical guide on the law and practice in relation to class actions.
In the book's foreword, the Chancellor of the High Court, The Right Honourable Sir Geoffrey Vos, welcomes the new book, describing it as "an approachable and insightful text, offering useful summaries of the main authorities and a practical guide to the conduct of a collective action", which he predicts will "rapidly become invaluable" to lawyers engaged in class action litigation.
The book provides practitioners with a step-by-step guide on: the early issues to be considered in commencing a group action; the conduct and management of the action; considerations relating to trial and any appeals; and issues relating to settlement. Important points relating to costs, fee agreements and the funding of group actions are also covered, as well as overall questions of jurisdiction, choice of law and the recognition and enforcement of judgments.
The authors focus on the Group Litigation Order procedure as well as the controversial opt-out mechanism for bringing competition claims in the Competition Appeal Tribunal. In the final three chapters, the book examines three specific types of class actions which have become more prominent in recent years: shareholder/securities claims; environmental/human rights based claims; and competition claims.
The book has been co-edited and co-authored by partners Damian Grave and Gregg Rowan and professional support consultant Maura McIntosh. The other co-authors are 9 of the firm's leading partners: Damien Byrne Hill; Simon Clarke; Kim Dietzel; Harry Edwards; Adam Johnson QC; Kirsten Massey; John Ogilvie; Donny Surtani; and Stephen Wisking; as well as former senior associate Molly Herron, who is now Senior Legal Counsel, Antitrust EMEA at Novartis.
Commenting on the launch, Damien Byrne Hill, Head of Litigation for UK & US, said: "We're seeing a steady growth in class actions in the UK. Litigation funding is on the rise, with new players entering the market and significant funds being raised. There is growing enthusiasm for pursuing class actions, including major shareholder claims. Couple this with the introduction of collective action procedures for competition claims and the increase in class action tourism, as foreign claimants seek to bring collective claims in the English courts in growing numbers, and you have a very fast-moving area of law and procedure. Class Actions in England and Wales will be an important reference for those involved in class actions litigation in the English courts."
Justin D'Agostino, Herbert Smith Freehills' Global Head of Disputes, added: "The law and practice associated with class actions in England has developed considerably in recent years. This book brings together the experience and perspectives of some of our leading disputes lawyers from their work on the most complex and significant class actions in the English courts today."
Copies of the book can be purchased from Sweet & Maxwell here.
About Herbert Smith Freehills
Operating from 27 offices across Asia Pacific, EMEA and North America, Herbert Smith Freehills is at the heart of the new global business landscape providing premium quality, full-service legal advice. The firm provides many of the world’s most important organisations with access to market-leading dispute resolution, projects and transactional legal advice, combined with expertise in a number of global industry sectors, including Banks, Consumer products, Energy, Financial buyers, Infrastructure & Transport, Mining, Pharmaceuticals & Healthcare, Real estate, TMT and Manufacturing & Industrials.