A phenomenon I’ve been following for years is the growth of procedural remedies for collective redress in jurisdictions outside the U.S., notably in the U.K. (As noted here). Although I have always made sure to point out the differences between the U.S. style class action and these collective action mechanisms, it is possible that over time, as procedures and laws have evolved and developed, many jurisdictions’ mechanisms are beginning to look more like the U.S. style class action model.
As an October memo from the Jones Day law firm puts it, class action litigation “is no longer a US-specific phenomenon.” The law firm memo, which is entitled “The Rise of US-Style Class Actions in the UK and Europe,” states that the growth in the UK and EU of group litigation has been “exponential” and the rise of these actions is a “key corporate risk that will only continue to increase.” The law firm’s memo can be found here.
According to the memo, group claims are being brought “against businesses across all sectors, for a wide variety of alleged wrongdoing.” To track the growth of group actions in the UK, the…
