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The Civil Procedure Rules Ten Years On$
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Déirdre Dwyer

Print publication date: 2009

Print ISBN-13: 9780199576883

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780199576883.001.0001

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Costs Shifting, Security for Costs, and Class Actions: Lessons from Elsewhere

Costs Shifting, Security for Costs, and Class Actions: Lessons from Elsewhere

Chapter:
(p.182) (p.183) 10 Costs Shifting, Security for Costs, and Class Actions: Lessons from Elsewhere
Source:
The Civil Procedure Rules Ten Years On
Author(s):

Rachael Mulheron

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199576883.003.0010

This chapter discusses the costs implications of recent proposals to reform the law on class actions. It begins with the premise that the choice of costs rule to apply to any newly introduced opt-out collective proceedings regime will be absolutely critical to the regime's utility and effectiveness. It examines two of the Civil Justice Council's key recommendations: to retain full costs shifting throughout an opt-out collective action, and to permit security for costs against representative claimants.

Keywords:   cost implications, costs rule, collective proceedings, Civil Justice Council, costs shifting

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