COLLECTIVE MOMENTUM : LEGAL FRAMEWORKS AND PROCEDURAL INNOVATION IN GROUP ACTIONS

I was pleased to attend the panel “Collective Momentum: Legal Frameworks and Procedural Innovation in Group Actions”, in London, at IMN Litigation Finance International Conference — a timely forum bringing together leading voices in litigation funding, collective redress and procedural innovation. 

The discussion underscored how the funding of representative, collective and group actions is evolving rapidly.

I was asked What Funders should have on their radars, and my response was threefold:

1. The divergence in the implementation of the RAD, specially for those willing to fund cross border actions.

2. The interesting developments of national case law: indeed, judgements circulate and create an explicit or implicit dialogue of EU judges. Important lessons can be learnt in this regard from the Netherlands and from Portugal.

3. The important ECJ developments, as witnessed with the decision rendered yesterday, in the Apple case.

Attending this panel reinforced how much momentum there is behind group actions — but also how critical it is to get the legal and procedural design right.

Looking forward to seeing how these developments unfold, especially in the context of mass claims, competition-law disputes, ESG litigation and consumer protection.

If anyone else attended: would love to hear your insights or what resonated most with you!

Thanks to the organisers, moderator Natasha Pearman and fellow panelists Fergus Randolph KC Rosie Ioannou and Miroslava Marinova, Ph.D