THE CURRENT IMPORTANCE OF PLEADINGS 85: THERE IS NO “FREE PASS” WHEN AN ACTION IS BROUGHT ON BEHALF OF MULTIPLE CLAIMANTS: “THERE IS A DEFINITE SENSE OF THE CLAIMANTS THRASHING ABOUT, TRYING TO FIND ANY ISSUES WHICH COULD BE TRIED WHICH AVOIDED ANY INVESTIGATION OF ANY FACTS.”

We are returning to this Court of Appeal decision for a second time.  Initially we looked at the judgment in relation to the outcome - that the claims could be brought together.  However there are important points made here in relation to conduct.  In particular the fact that massive costs are being...