Group Actions – Extension Of The Cut-Off Date : CPR 19.13 and The Denton Guidance

This was an application to extend the cut-off date in a group action. The application was framed as one for relief from sanctions (following Holloway v Transform Medical Group (CS) Ltd (PIP Breast Implant Litigation) [2014] EWHC 1641 (QB)). The application was refused on the basis of the guidance laid down by the Court of Appeal in Denton v White Limited and De Laval and others [2014] EWCA Civ 906. However, Stewart J did not consider the decision in Pearce v Secretary of State for Energy and Climate Change (British Coal Coke Oven Workers Litigation) [2015] EWHC 3775 (QB) or the need to avoid an accumulation of residual applications in group actions.

See further details in the Alerter by Andrew Kinnier and Lia Moses here.