Opt-out class actions – a review and a certification

By Donald Dinnie on February 24, 2022 Posted in General

This judgement contains: a very useful review of the development of class actions in South African law; a consideration of whether to certify the particular class action on an opt-out or opt-in basis and decides that the interests of justice warranted certification of the class action on an opt-out basis. An opt-out class action automatically … Continue reading

Arbitration clauses could prevent class actions

By Jeffrey Kron and Yasmin Kadwa on November 25, 2015 Posted in General

Class actions have the potential to be abused by plaintiffs, for example where a large number of claims are brought for trifling amounts and there is no public policy issue. Whether a class action for a small recovery can be pursued will be decided at the certification stage of proceedings, but by then large amounts … Continue reading

Class actions in the banking industry

By Yasmin Kadwa on September 2, 2014 Posted in Banking

The global banking industry has seen an increasing number of class actions being brought against it. In August 2014 an application for class action certification was launched against a number of Australian banks in New South Wales. The class potentially consists of hundreds of thousands of bank customers who were allegedly charged excessive credit card … Continue reading