Wednesday 10 November 2010
A new breed of class actions are being positioned as a supplement to the current system: instead of people having to 'opt in' to the action, everyone affected will be deemed included unless they actively 'opt out'.
The counter argument is that litigation should only be conducted by those who mean it. The previous method, that of group litigation orders (GLOs), says Professor Mulheron, suffer from procedural problems, and low participation rates, in part because of the sheer task of identifying all the group members and the new system covers a wider range of disputes than the GLOs. Read the full article on guardian.co.uk