As we all know, the advent of COVID-19 and resulting lockdown have been unprecedented. The effect on people’s health, both physical and mental, has been particularly evident. The financial consequences, equally for individuals and companies, have also been much debated and are slowly becoming clearer. While we all hope that adverse impacts will be mitigated, through government actions, regulatory intervention and corporate benevolence, it seems likely that situations will arise where things could have been done better. Sadly, some corporates will have taken advantage of the situation to trespass on consumer rights. Many individual consumers will be left feeling the pain as a result. Continue reading

Group actions offer justice for all

Litigation friends: duties and procedure (Part 2)
In the last two years, there have been three significant cases involving the court’s powers in relation to litigation friends outside the field of personal injury.
My previous blog post considered the first of those cases, which dealt with issues including the role and duties of litigation friends, and conflicts arising between a litigation friend and a protected party. This blog post (Part 2) examines the next two cases, which consider issues including the court’s power to appoint a litigation friend, and its power to terminate the appointment of a litigation friend.

Litigation friends: duties and procedure (Part 1)
As will be seen below, the issue of litigation friends is dealt with in CPR 21, and covers children and protected parties.
By definition, children are far less likely to be involved in litigation outside the field of personal injury as they cannot enter into contracts, except for necessities, during their minority, and thus the vast majority of cases in which a litigation friend is appointed for a child is in the field of personal injury.