United Kingdom
OVERVIEW
While litigation by multiple claimants is possible in the UK in certain circumstances, there is currently no procedure which provides for class actions of the kind seen in the U.S. In December 2010, an attempt by claimants to create a form of class action using an existing procedure was rejected by the courts. Accordingly, while ILR continues to monitor developments in the UK closely, recent advocacy efforts have concentrated on the issues of litigation costs and funding.
These issues were the subject of a comprehensive review by a senior British judge, Lord Justice Jackson. Since the publication of Jackson LJ’s Final Report, the Government has consulted on and adopted a number of his recommendations, some of which – including the abolition of the current ban on contingency fees in litigation – are to be implemented by a major bill currently being debated in Parliament. ILR also continues to oppose the development of third party litigation funding in the UK. A voluntary code of conduct for litigation funders was published in November 2011 but, as prominent Members of the House of Lords have recognized, what is required is a binding statutory regime to protect litigants.
