Video
min
Lawyers answer commonly asked questions on class actions
Class Actions
Solicitor
Izzy Deane
Izzy is a solicitor in the commercial disputes and claims team, based in Edinburgh.
Izzy has experience of advising clients in a wide range of commercial disputes in both the Court of Session and the Sheriff Court, as well as various forms of alternative dispute resolution.
Living Brodies' values
Clients and colleagues value Izzy's efficient, collaborative and commercially-focused approach.
Highlights
- Izzy is a regular contributor to Brodies’ dispute resolution blog.
- Izzy draws on experience gained from her banking, corporate and property seats, as well as time spent on secondment to a major UK housebuilder.
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Who can bring a group proceeding?
A group proceeding can be brought by any number of claimants, so long as their claims are the same, similar, or related to each other.
The group proceeding will be fronted by a representative party, who will be the face of the claim.
The representative party can be, but doesn't have to be, a member of the claimant group.
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What makes group proceedings different to actions with several pursuers?
Group proceedings are specifically for cases where multiple claimants have separate claims which raise issues of fact or law which are the same as, or similar or related to each other.
Whilst multiple pursuers can raise a single court action outside of the group procedure, this is only possible where the issues of fact and law are the same.
Group proceedings can be raised where only the issues of fact or the issues of law are the same, and they can also be raised when they are only similar or related to each other.
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Who can be a representative party?
Where a case is particularly sensitive, it may be desirable for the representative party to be someone outwith the claimant group.
In deciding whether someone is a suitable person to be the representative party, the court will have regard to a number of factors, including their abilities and expertise, their own interest in the proceedings, and any potential benefit that they may obtain, to ensure that these do not conflict with the interests of the group as a whole.
