Court of Appeal guidance on class actions, lead claims, global claims and disclosure (Alame v Shell)
Dispute Resolution analysis: The Court of Appeal has given guidance on the proper procedure for group litigation on environmental issues. Allowing the claimants’ appeal against a decision requiring the claim to be pleaded as a ‘global’ or ‘all-or-nothing’ claim, the court held this was a ‘paradigm example’ of litigation which should be progressed by lead cases. The court also highlighted the importance of disclosure in placing parties on an ‘equal footing’. While the court should be alert to disallow ‘fishing expeditions’ on disclosure, it is a powerful tool for achieving justice in cases where there is a significant asymmetry of information. Written by Harriet Campbell, senior knowledge lawyer at Penningtons Manches Cooper LLP.
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