If any trend is set to define the London disputes market in 2024, it is the continued rise of group litigation. A vast array of mass claims are winding their way through the courts, spurred on by an increased willingness to adapt to the challenges of case management, heightened awareness of environmental, social, and governance (ESG) issues on the parts of corporates and the general public, the maturing of the claimant Bar, and the development of the Competition Appeals Tribunal (CAT) regime – including the rise of the first opt-out class actions.
The comprehensive failure of ClientEarth’s derivative claim against Shell has not slowed activity in the environmental space. In addition to the upcoming decision in the major Municipio de Mariana & Ors v BHP Group, a number of other group actions are brewing, with Leigh Day among the firms leading the charge. The firm is bringing a claim on behalf of more than 11,000 claimants from Nigeria’s Ogale and Bille communities, alleging that oil spills from Shell pipelines have caused long-term contamination of claimants’ land and water. Judgment is awaited in a petition to further expand the claim to address questions about the right to a clean environment. Continue reading “Holding court – cases of the year”