Lancaster & Ors v Peacock QC

Lancaster & Ors v Peacock QC

The court prefers the claimants' sequential approach to selecting sample claimants, requiring questionnaires from all claimants first, then document disclosure only from initial sample claimants, with a larger pool of initial sample claimants and a shortened timetable to balance fairness and efficiency, particularly in light of COVID-19 impacts.

Parties
Claimant: David Lancaster & Others; Defendant: Jonathan Peacock QC; Claimant: Peter Breitenbach & Others; Defendant: Canaccord Genuity Financial Planning Limited
Jurisdiction
England and Wales
Judgment Date
28 April 2020
Procedural Posture
Civil Group Litigation / Case Management Selection of Sample Claimants
Outcome
Claimants' proposal for sample claimant selection approved with modifications.
Legal Topics
Case Management, Group Litigation, Sample Claimants, Disclosure, Timetabling
Civil Procedure Case Management Group Litigation Sample Claimants Disclosure Timetabling

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Parties

David Lancaster & Others

Claimant

Jonathan Peacock QC

Defendant

Peter Breitenbach & Others

Claimant

Canaccord Genuity Financial Planning Limited

Defendant

Procedural Posture

Civil Group Litigation / Case Management Selection of Sample Claimants

Legal Issues

  1. 1 What is the appropriate procedure for selecting sample claimants in overlapping group litigation claims?
  2. 2 Should disclosure of documents be required from all claimants at the questionnaire stage or only from initial sample claimants?
  3. 3 What is the fair and efficient timetable for the selection process given the COVID-19 pandemic?

Ratio Decidendi

The court prefers the claimants' sequential approach to selecting sample claimants, requiring questionnaires from all claimants first, then document disclosure only from initial sample claimants, with a larger pool of initial sample claimants and a shortened timetable to balance fairness and efficiency, particularly in light of COVID-19 impacts.

Court Disposition

Claimants' proposal for sample claimant selection approved with modifications.

Orders

  • All claimants to answer the questionnaire by 26 June 2020.
  • Initial sample claimants (12 per party in Peacock, 6 per party in Canaccord) to be selected by 24 July 2020.