Robert Strang is presenting at the 24th Commonwealth Law Conference 2025 in Malta.
Date: 10 April
Session: C10 Class Actions within the Commonwealth. Safety in numbers?
Time: 13.30 – 15.00
Venue: The Hilton Hotel and Conference Centre, St Julian’s Bay, Malta
Details: In his magnum opus, ‘Leviathan’ published in 1651 the great Philosopher, Thomas Hobbes, wrote that civil laws are “those rules which the common-wealth hath commanded…by word, writing, or other sufficient sign of the will” that certain actions are to be done or not done. Class Actions did not exist when this a statement was made but could be described as the true face behind this great truism.
A Class Action proceeding is traditionally adopted by large groups of individuals harmed by corruption or financial malpractice who seek to be represented by one plaintiff in their pursuit of justice. Class Action suits are beneficial as they can proceed more expeditiously and are cost -effective in cases ranging from corruption, malfeasance cases such as the Wiwa vs. Royal Dutch Shell case, in which the Ogoni people in Nigeria filed a Class Action suit against Shell for complicity in human rights abuses, or, the Enron case, which was filed by shareholders who were awarded US $7.2 billion after the company’s shares plummeted because of a series of scandals that rocked the company.
While the Commonwealth Charter does not explicitly mention class actions, its principles of good governance and access to justice lay a strong foundation for their use. The 2019 Declaration on Access to Justice further reinforces this, emphasizing the removal of barriers to justice and the promotion of innovative solutions. Despite their potential, class actions face significant challenges in the Commonwealth context. The diversity of legal systems and the unfamiliar territory in this area for judges pose hurdles. However, these challenges underline the need for collective effort and collaboration. The panel will delve into these challenges in the Commonwealth Countries, highlighting the potential for amending laws adopting procedural guidelines, and training judges to overcome them.
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