How should collective proceedings end?

Collective proceedings have become an important feature of the UK litigation landscape, but what happens when a class action deemed suitable for collective determination at certification subsequently ceases to be so?  When circumstances shift after certification, the CAT and the parties can find themselves on a high-stakes, somewhat rigid track towards trial, with few interim exits.

In an article for the Law Society Gazette (page 30), Susanne Buergi, Counsel at Norton Rose Fulbright and LSLA Committee Member, explores existing off-ramps under the collective proceedings regime, considers challenges to concluding a certified claim if taking it to trial is no longer appropriate, and proposes practical measures that could help ensure the regime remains robust, proportionate and fair.

View the full article here.