This is the first practitioner's work to deal in detail with the new rule (19.III) on Group Litigation Orders under the Civil Procedure Rules. Due to come into effect in mid-2000, it introduces for the first time specific provisions dealing with the procedural aspects of managing multi-party actions. The book provides exhaustive analysis of the new rule and relates it to the extensive experience which has been gained from the major multi-party
actions of recent years, such as those relating to Opren, Benzodiazepine tranquilizers, the Sellafield radiation claims, the Lloyd's litigation, Norplant, the British Coal Vibration White Finger
litigation and the British Coal respiratory disease litigation. The book includes fifteen case studies on these and other major cases, written by the practitioners involved and providing a major factual resource for all tort lawyers. The details of the matters in issue in these cases and their resolution have not previously been easily accessible, nor systematically analysed. Also included are chapters contributed by leading lawyers from the US, Canada, and Australia on
their class action rules, which enables useful comparisons to be made on points both of principle and practice. Written by a leading expert in the field, the book provides a
uniquely detailed analysis of multi-party actions and their management.
This is the first practitioner's work to deal in detail with the new rule (19.III) on Group Litigation Orders under the Civil Procedure Rules. Due to come into effect in mid-2000, it introduces for the first time specific provisions dealing with the procedural aspects of managing multi-party actions. The book provides exhaustive analysis of the new rule and relates it to the extensive experience which has been gained from the major multi-party
actions of recent years, such as those relating to Opren, Benzodiazepine tranquilizers, the Sellafield radiation claims, the Lloyd's litigation, Norplant, the British Coal Vibration White Finger
litigation and the British Coal respiratory disease litigation. The book includes fifteen case studies on these and other major cases, written by the practitioners involved and providing a major factual resource for all tort lawyers. The details of the matters in issue in these cases and their resolution have not previously been easily accessible, nor systematically analysed. Also included are chapters contributed by leading lawyers from the US, Canada, and Australia on
their class action rules, which enables useful comparisons to be made on points both of principle and practice. Written by a leading expert in the field, the book provides a
uniquely detailed analysis of multi-party actions and their management.
PART I: INTRODUCTORY
1: The Phenomenon of Multi-Party Actions in England and Wales
PART II: MANAGING GROUP LITIGATION
2: Basic Principles and Issues
3: Initiation
4: Investigating, Commencing and Pleading Claims
5: Initial Management of the Group
6: Advertising
7: Further Management Issues
8: Costs
9: Other Procedural Mechanisms
PART III: FUNDING MULTI-PARTY ACTIONS
10: Legal Expenses Insurance
11: Conditional Fee Arrangements
12: Public Funding
PART IV: MULTI-PARTY RULES IN OTHER JURISDICTIONS
13: Laurel J Harbour, Shook, Hardy & Bacon LLP, London: Class
Actions: An American Perspective
14: Jay Prestage and Gordon McKee, Blake, Cassels & Graydon,
Toronto: Class Actions in the Common Law Provinces of Canada
15: Jocelyn Kellam and S Stuart Clark, Clayton Utz, Sydney:
Multi-Party Actions in Australia
PART V: CASE STUDIES
16: Introduction to Case Studies
17: Simon Pearl, Davies Arnold Cooper, London: Pertussis Vaccine
Litigation
18: Anne Ware, Davies Arnold Cooper: The Opren Litigation
19: Simon Pearl, Davies Arnold Cooper, London: HIV Haemophilia
Litigation
20: Christopher Hodges, CMS Cameron McKenna, London: Gravigard
IUD
21: John Kelleher, Theodore Goddard, London: Myodil Litigation
22: Gary Hickinbottom, CMS Cameron McKenna, London: The
Benzodiazepine Litigation
23: Gary Wakinshaw, Kwelm Management, London: Lloyd's
Litigation
24: Aidan Thomson, Freshfields, London: Reay v BNFL; Hope v
BNFL
25: Aidan Thomson, Freshfields, London: Manufacturing Operations:
Mixed Claims: B & Ors v X Co; D & Ors v X Co
26: John Evans, Ashurst Morris Crisp, London: Docklands Nuisance
Class Actions
27: Christopher Vigrass and Eleanor Boddington, Ashurst Morris
Crisp, London: The Lockton Litigation
28: David Body, Irwin Mitchell Solicitors, Sheffield: The
Creutzfeldt-Jakob Disease (Human Growth Hormone) Litigation
29: Andrew Tucker, Irwin Mitchell Solicitors, Sheffield: British
Coal: Vibration White Finger
30: Andrew Tucker, Irwin Mitchell Solicitors, Sheffield: British
Coal: Respiratory Disease Litigation
31: Arundel McDougall, Rowe & Maw, London: Norplant
32: Miles Alexander, Simmons & Simmons, London and Mark Elvy,
Ashurst Morris Crisp, London: Tobacco Litigation: 1992-1999
APPENDICES
A CPR Rule 19.III and Practice Direction
B Practice Direction - Group Litigation
C CPA Rule 19.II
D Practice Direction
E CPR Rule 48.A and Extract from Practice Direction: Parts
43-48
F Directive on Injunctions
G Specimen initial group litigation (GLO) directions
H Legal Services Commission's Multi-Party Action Documents
I Solicitors firms which are members of the Multi-Party Action
Panel
Christopher Hodges is recognised as one of the leading experts in
Europe on product liability law and multi-party actions. He is
Vice-Chair of the International Bar Association's Section on
Business Law's Committee on Business Consumer Affairs (which covers
product liability) and Chair of the Working Party on Product
Liability of the Confederation of British Industry. He is also
Fellow of the Society of Advanced Legal Studies. He has been
published extensively on
European product liability and product regulatory law.
`This is an excellent addition to the Oxford series of works on
litigation. ... Overall, Hodges has produced a minor miracle: a
book which is useful, comprehensive, accurate, up-to-date,
stimulating and outward-looking. The book is also handsomely
produced.'
The Cambridge Law Journal, Vol. 61, Part 2, July 2002
`this is certainly not a dry practitioners' handbook. It will no
doubt become the first point of reference for many practitioners in
the field, but can also be read profitably by students and
academics.'
Modern Law Review, 1 March 2002
`the first English book to deal comprehensively with multi-party
actions ... an area of law and procedure that has received
relatively little commentary in the past ...The book ... comes at a
time when the European Community and other jurisdictions are
considering law reform issues such as multi-party actions in the
context of increasing globalisation of corporations around the
world and is a useful component to any study or discussion on the
just and
proper administration of multi-party claims.'
Lawrence Teh 30 August 2001
`This book is both timely and provides a mine of relevant
infomation, at a time at which the European Community and others
are considering relevant law reform issues.'
Health-Care Focus d
`Hodges' book is the first comprehensive examination of (what
Americans call) class actions in the jurisdiction of England and
Wales ... the book will be of value to any American defense lawyer
who is or may be involved in class action litigation in the United
Kingdom. Multi-Party Actions contains, perhaps most importantly, a
comprehensive practitioner's guide to the rules which govern
multi-party actions in England and Wales, along with practical
advice on
how to manage such actions.'
For The Defense (DRI Newsletter)
`Chris Hodges' book is a mine of relevant information ... It is a
valuable guide for any lawyer who needs to know how multi-party
actions are run in the United Kingdom.'
For The Defense (DRI Newsletter)
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