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2 results

  • 6 - Government as Representative Claimant

  • from Part II - As a Participant in the Match
  • Rachael Mulheron, Queen Mary University of London
  • Book:
    Class Actions and Government
    Published online:
    13 March 2020
    Print publication:
    02 April 2020, pp 225-248

  • Summary

    This chapter examines the role of government as representative claimant, representing the class. The government may be a directly affected claimant, or may fulfill the role of an ‘ideological claimant’. This role may fall to a government regulator, most commonly. Difficult legal issues may arise where that representative claimant does not share a cause of action with the class members which it purports to represent, or seeks a remedy which is different from that which the class members are seeking. Much depends upon the level of precision (or lack thereof) with which the class action statute is designed.

  • 7 - Government as Class Member

  • from Part II - As a Participant in the Match
  • Rachael Mulheron, Queen Mary University of London
  • Book:
    Class Actions and Government
    Published online:
    13 March 2020
    Print publication:
    02 April 2020, pp 249-261

  • Summary

    This chapter explores the conundrum of what happens where government departments, employees and officials, and court officials, may be swept up within a class. Some legislatures in the Comparator Jurisdictions have sought to preclude this (potentially awkward) scenario by insisting that this type of governmental entity or individual must opt in to the class action. Others have not imposed that requirement, which has led to some interesting case law.