Private Law Theory

ABSTRACT
Mass harm cases require an extremely high level of case management. Along with this they are extremely costly, both on an ongoing basis and in terms of the costs that would be payable to a successful defendant if the litigation fails to establish liability. This paper examines the procedural mechanisms and the funding sources that could be utilised if mass harm proceedings are instituted in England and Wales. It assumes that any jurisdictional challenges have been overcome and that, where it is sought to make a parent company in the Global North liable for wrongs committed by a subsidiary company in the Global South, a legal basis for doing so has been found. The conclusion reached is that funding for this kind of litigation is available although this will require claimants in successful litigation to hand over a very large portion of any damages recovered to the litigation funder. None of the procedural remedial regimes in England and Wales are completely satisfactory for mass harm cases. The Global Litigation Order procedure introduced following a recommendation in the Woolf Report, if suitably adapted, may provide an effective means of managing these cases. There may be an argument for introducing a class actions regime in the United Kingdom.

Capper, David, Remedies For Mass Harms In The Global Supply Chain (December 19, 2024), University of Edinburgh School of Law | LSGL Research Project Papers 2024.13-03.