U3 - AOS2B - class actions Flashcards
3 criteria for class action
seven or more p/tiff
similar circumstances
common issue of law
how class actions work
lead plaintiff rep all other plaintiff then lead barrister must prove lead plaintiffs claim to be true then all other plaintiffs recieve compensatioon
if class action fail who bears cost
lead plaintiff is soley responisble for costs
types of cases appropriate for class aciotn
workplace
mediccal malpractice
financial malpractice
preventable nat. disaster
strengths of class action
enable more claims to be made bc costs = spread
expirienced judges
more efficient way of dealing with a claim with many plaintiffs - save time resources
weaknesses of a class action
lead plaintiff = burdens the risk of loss
juries are not available
high cost requiring third party to fund.