Lord Woolf, Multi-Party Situations, and Limitation Periods
More than twenty years ago, Lord Woolf MR recommended the implementation of a regime which could cater for opt-in or opt-out class actions. It was not until 1 October 2015 that such a regime was enacted—and solely for competition law grievances of either a follow-on or a stand-alone nature. A key aspect of any class action design is how to handle limitation periods for the representative claimant and for class members. In his seminal report, Lord Woolf flagged up that appropriate provisions for limitation periods would be a proper subject for primary, rather than secondary, legislation. Accordingly, limitation periods duly became the subject of careful drafting in the 2015 regime, courtesy of section 47E of the Competition Act 1998. This chapter reflects upon some of the key comparative drafting lessons of class action regimes elsewhere which were helpful and instructive for that drafting exercise.