Professional Negligence: A class act
It couldn't have been any clearer. Professor Rachael Mulheron's report to the Civil Justice Council last month identified ample evidence of a need to reform collective redress procedures. Her core recommendation was for an 'opt-out' regime - one where the class members would have the ability to 'opt out' but would otherwise be 'in'. The design, cost and funding issues of such a regime fell outside the scope of her report but it followed in the wake of a report to the Government last year recommending the legalisation of contingency fees in limited circumstances and the regulation of third-party funding of litigation.
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