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SSRN Electronic Journal
Article . 2025 . Peer-reviewed
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Repackaging Class Actions

Authors: Thapa, S;

Repackaging Class Actions

Abstract

The absence of a generic opt-out class action regime under English law has created a significant access to justice gap, preventing many individuals from seeking redress for mass harm. At present, opt-out class actions exist only in the context of competition law. This means that, even if an alleged harm best aligns with another area of law, a litigant must repackage their claim as a breach of competition law to access the benefits of the class action framework. Drawing on the Gutmann Boundary Fares case, this article argues that repackaging reinforces the case for expanding class actions beyond competition law.

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United Kingdom
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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
Green
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