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K12.2. Issues inherent in multi-party litigation
| 388. | If litigation in a multi-party situation is to be dealt with effectively, it is necessary for certain compromises and adjustments to be made in respect of the procedural rights of plaintiffs and defendants. As Lord Woolf points out, the rules must :- |
| "...... achieve a balance between the normal rights of claimants and defendants, to pursue and defend cases individually, and the interests of a group of parties to litigate the action as a whole in an effective manner." (Note 331) | ||
| 389. | It is also necessary to provide mechanisms for moulding members of a class of potential plaintiffs into a workable group, with the court, if necessary, taking decisions on issues where agreement cannot be reached within the class. Issues which the rules must address include the following (Note 332) :- |
| * | What should the criteria for recognition by the court of a multi-party situation be | |
| * | Who should be allowed in as members of the group | |
| * | To what extent can differences in the interests of sub-groups of members be tolerated | |
| * | Can agreement be reached as to the lawyers who should represent the group, avoiding duplication of costs | |
| * | How should the lawyers be supervised and given instructions in the course of the proceedings | |
| * | How should costs to be dealt with | |
| * | Which members' cases should be selected as lead cases to be tried | |
| * | Which issues should be tried and in what order | |
| * | Should certain cases be removed from the register as hopeless or too weak | |
| * | How should offers of settlement be dealt with | |
| * | How should the proceeds of any settlement or recovery be dealt with | |
| * | What safeguards should there be for such proceeds to be properly distributed |
| 390. | These are all issues which, among others, require forceful case management by the judge seized of the case. He would plainly have conflicts to resolve. For instance, those with strong cases might wish to eliminate those with weak cases from the proceedings for fear of them prejudicing their own claims. The judge would have to decide whether a filter should be adopted and the criteria for elimination. Where members of the group are unable to reach agreement on any particular step to take, the court might have to direct the decision in the interests of the group as a whole, overriding any remaining objections. The court would obviously have to be careful that such proactive case management does not impinge on its actual or perceived impartiality and its ability to try the case. |
Notes
| 331 | WFR, p 223, §2(c). <back> |
| 332 | Lord Woolf discusses the problems of multi-party situations at WFR, pp 225-6, §8-§14. Proposed responses are considered at WFR, pp 226-249, §15-§87. <back> |
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