Class or collective actions have not been a prevalent feature of the English legal system and the viability of such actions before the English and Welsh courts has been limited, at least historically. The concept of large group actions conjures up thoughts of Hollywood courtroom dramas or bumper cash payouts following high-profile corporate scandals, which climaxed with the record-breaking package in 2008 of USD 7.2 billion payable to the eligible shareholders of the collapsed energy giant, Enron. However, if recent high-profile cases are anything to go by, then group actions are shaping up to become a more regular tool deployed in legal proceedings in England and Wales.
Class warriors: UK group actions gain pace
What is in a name? Is the identity of those communicating with solicitors protected by the rules of litigation privilege?
In Loreley Financing (Jersey) No 30 Ltd v Credit Suisse Securities (Europe) Ltd, Mr Justice Robin Knowles QC provides a helpful two-part test to clarify whether the identity of those providing instructions to solicitors can be covered by litigation privilege.
The judgment in MBR Acres Ltd and others v Maher and another handed down in May 2022 by Mr Justice Nicklin raised an important issue around personal service. The case arose following committal applications that came out of an injunction obtained by the claimants against animal rights protesters who had set up camp outside their premises. The injunction included the imposition of an exclusion zone around the premises and restrictions on not stopping cars from entering or leaving it. Two protesters breached the injunction.