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28 April 2023 / David Pickstone , Darren Kidd , Alexander Lerner
Issue: 8022 / Categories: Features , Procedure & practice , Collective action , CPR
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Developments in group litigation: a more flexible approach?

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David Pickstone, Darren Kidd & Alexander Lerner examine some positive signs for CPR 19.6 & the future of collective proceedings in England and Wales
  • Considers the recent High Court judgment in Commission Recovery Ltd v Marks & Clerk LLP, which permitted a claimant pursuing a claim in respect of secret commissions to proceed on behalf of itself and clients and former clients of one of the defendants on an ‘opt out’ basis.
  • The judgment demonstrated the flexibility of CPR 19.6, and noted the importance of legislative intervention to develop this area of law and thereby put England and Wales at the forefront of global collective redress.

The decision of the High Court in Commission Recovery Ltd v Marks & Clerk LLP and another [2023] EWHC 398 (Comm) represented the first significant judicial analysis of the ‘same interest’ test in CPR 19.6 since Lloyd v Google [2021] UKSC 50. The decision may mark a significant departure from the court’s historically restrictive

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NEWS
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NLJ this week: Tightening the screws on JCT terminations
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
NLJ this week: Old rules, fresh warnings in employment law
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
NLJ this week: The rise of the ‘ChatGPT client’ rattles the profession
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
NLJ this week: Surrogacy children caught in succession gap
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
NLJ this week: Online safety law at a crossroads
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
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