Journal article
Repackaging class actions
- Abstract:
- The absence of a generic opt-out class action regime under English law has created a significant access to justice gap, preventing many individuals from seeking redress for mass harm. At present, opt-out class actions exist only in the context of competition law. This means that, even if an alleged harm best aligns with another area of law, a litigant must repackage their claim as a breach of competition law to access the benefits of the class action framework. Drawing on the Gutmann Boundary Fares case, this article argues that repackaging reinforces the case for expanding class actions beyond competition law.
- Publication status:
- Published
- Peer review status:
- Peer reviewed
Actions
Access Document
- Files:
-
-
(Preview, Accepted manuscript, pdf, 463.7KB, Terms of use)
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Authors
- Publisher:
- Sweet and Maxwell
- Journal:
- Civil Justice Quarterly More from this journal
- Volume:
- 44
- Issue:
- 4
- Pages:
- 246-267
- Publication date:
- 2025-10-23
- Acceptance date:
- 2025-08-07
- EISSN:
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0261-9261
- Language:
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English
- Keywords:
- Pubs id:
-
2302338
- Local pid:
-
pubs:2302338
- Deposit date:
-
2025-10-30
- ARK identifier:
Terms of use
- Copyright date:
- 2025
- Notes:
- The author accepted manuscript (AAM) of this paper has been made available under the University of Oxford's Open Access Publications Policy, and a CC BY public copyright licence has been applied.
- Licence:
- CC Attribution (CC BY)
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