UK Law and Practice Contributed by: Alex Cook, Helix Law
7.4 Class Actions, Mass Claims and Arbitration Class actions and mass claims are not commonly brought in arbitration in England and Wales. Arbitration is typically based on consent and confi- dentiality having been expressly agreed contractually, which makes large, collective claims less suitable. As a result, mass claims are generally pursued through court or tribunal mechanisms instead. 7.5 Trends Key trends in England and Wales include a clear increase in collective and mass claims, particularly in areas such as competition, data/privacy, and con- sumer litigation. The Competition Appeal Tribunal’s opt-out regime has driven many large-scale claims, often involving very large claimant classes. There is also a rise in litigation funding, which is cen- tral to enabling these claims, alongside growing use of representative actions following recent case law. Overall, the trend is towards larger, more sophisticat- ed group claims, with stronger procedural tools and funding support. Disclosure is governed by the Civil Procedure Rules, and there is a duty of disclosure in most civil cases. Parties must disclose documents that are relevant to the issues in dispute, including those that support or adversely affect their own case or another party’s case. Under the current regime (particularly in the Busi- ness and Property Courts), disclosure is controlled and issue-based rather than automatic. Recently expanded court rules and processes have significantly increased court oversight over disclosure, which is now closely and actively monitored. At an early case management stage, the parties must provide the court with details of the issues in dispute, the anticipated relevant disclosure relating to each of those issues, and to identify the proposed extent of 8. Evidence 8.1 Disclosure
search and process to put the trial judge in the posi- tion of having the information needed, but no more. The parties must also identify hardware, software and detailed search parameters and terms of disclosure, and all electronic devices. The duty of disclosure is very important, with parties and representative lawyers being required to certify the steps taken, including with a statement of truth. 8.2 Privilege Legal advice privilege, litigation privilege, mediation privilege and without prejudice privilege are recog- nised. Privileged documents can be withheld from inspection within the disclosure process. Privilege is waived if a party discloses or relies on the document, and this can extend to related material to The law in England and Wales recognises a duty of confidentiality, and parties can seek to withhold or restrict disclosure of sensitive material, but confiden- tiality alone is not an absolute bar to disclosure in litigation. If a document is relevant and not privileged, it must generally be disclosed, with inspection permitted, even if it is confidential. However, the court can pro- tect confidentiality through measures such as redac- tion, confidentiality rings, or restricting access/use or In England and Wales, witness evidence is primar- ily given through written witness statements, which stand as the witness’s evidence-in-chief at trial and are exchanged before the trial at a date and time ordered by the court. There are no formal depositions. Instead, witnesses attend trial to give oral evidence and are cross-exam- ined by the opposing party, with the judge able to ask questions as well. prevent selective use. 8.3 Confidentiality publication of documents. 8.4 Witness Evidence
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