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Part II Private International Law and Collective Redress, 14 In Defence of the Requirement for Foreign Class Members to Opt in to an English Class Action

Rachael Mulheron

From: Extraterritoriality and Collective Redress

Edited By: Duncan Fairgrieve, Eva Lein

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 03 August 2020

Subject(s):
Class actions
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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