IMF Bentham Limited – The future of Class Action litigation and issues that impact finality

Source: IMF Bentham Limited – The future of Class Action litigation and issues that impact finality

Future of Class Action litigation

Resolving disputes and providing parties with finality and certainty are key objectives of the legal system, yet are not all that easy to achieve under a class action regime which allows for class members to opt out of proceedings, does not prohibit multiple class actions concerning the same dispute and limits the initial trial to the determination of the applicant’s claim and common questions only, leaving class members’ claims to be individually litigated (if not settled).  On the other hand, the courts should be slow to extinguish class members’ rights in a headlong rush for finality.

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