What is the significance of the recently published English proposals?
Craig: The recently published English proposals go way beyond the current EU proposals and, if adopted, they will constitute one of the most significant developments in the British justice system for a number of years. One of the most significant recommendations the CJC has made is that an opt-out collective action be introduced in England, and this is accompanied by a recommendation that the English courts be given the power to aggregate damages in appropriate cases. The latter will require further public consultation because of the effect on substantive law in relation to damages. Interestingly, the CJC has strongly recommend the retention of our “loser pays” costs shifting rule which it feels acts as a deterrent to vexatious litigants. On the other hand, there are other recommendations which U.S. readers would be familiar with, dealing with issues such as certification and fairness hearings. Editor: In summary, what are the differences occurring at the EU level as contrasted with de
