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13 May 2022 / David Niven , Nicole Blakey
Issue: 7978 / Categories: Features , Profession , Collective action
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Group actions: Time to join forces?

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In the first of a special three-part series by Penningtons Manches Cooper, David Niven & Nicole Blakey sketch out the changing landscape of group actions & litigation funding in the UK
  • Increase in professional negligence and group actions in the High Court.
  • Conditional fee agreements and after-the-event insurance funding for group actions.
  • Emergence of third-party litigation funding for group actions.

Solomonic’s review of High Court litigation in 2021 revealed a substantial rise in professional negligence disputes, up 289% on 2020 with an increase in actions brought against solicitors and barristers. Group actions filed in the High Court increased by 27% from 2020 to 2021: this upward trend will likely continue.

These statistics are reflective of our own experience. We have seen a rise in professional negligence claims against solicitors and barristers brought by groups of claimants, predominately in relation to failed property investment schemes. The Solicitors Regulation Authority (SRA) has taken disciplinary action over recent years against law firms involved in these schemes, so we

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Cripps—Radius Law

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NEWS
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’
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
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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