14.01 When drafting a new collective actions regime for England and Wales in 2010, which contemplated the ability to prosecute an opt-out class action if judicial choice so directed, the drafters of that regime were adamant: foreign class members, ie those not domiciled in England and Wales,1 would have to opt in to the class action. In other words, whilst the certifying court could adopt an opt-out approach for domestic class members, it could not do so for foreign class members. This chapter explores that decision to treat foreign class members differently from...
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