Various Claimants v Serco Group plc

Various Claimants v Serco Group plc

The court held that the process for sampling claimants should proceed as set out in the G4S case, with claimants providing IPORs and answers to annexed questions, followed by best endeavours to agree a sample. Full disclosure and witness statements on reliance from all claimants at this stage would be disproportionate and contrary to the overriding objective. The information provided through the annexed questions is sufficient for understanding and sampling. The court also declined to order Serco to respond to the amended further particulars of quantum at this stage, as it would not materially advance the proceedings and would impose an unnecessary burden.

Parties
Claimants: Various Claimants; Defendant: Serco Group plc
Jurisdiction
England and Wales
Judgment Date
27 July 2022
Procedural Posture
Civil Securities Litigation / Case Management Conference (cmc) Ruling
Outcome
Application for full disclosure and witness statements on reliance from all claimants refused; application for Serco to respond to further particulars of quantum refused; sampling process to proceed as per G4S approach.
Legal Topics
Disclosure, Sampling of Claimants, Reliance, Quantum, Case Management, Financial Services and Markets Act 2000
Securities Law Civil Procedure Disclosure Sampling of Claimants Reliance Quantum Case Management Financial Services and Markets Act 2000

Case Brief

Summary, issues, holding and outcome

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Parties

Various Claimants

Claimants

Serco Group plc

Defendant

Procedural Posture

Civil Securities Litigation / Case Management Conference (cmc) Ruling

Legal Issues

  1. 1 Whether all claimants should provide disclosure and witness statements on reliance before sampling
  2. 2 Appropriate process for sampling claimants for trial
  3. 3 Whether Serco should respond to the amended further particulars of quantum

Ratio Decidendi

The court held that the process for sampling claimants should proceed as set out in the G4S case, with claimants providing IPORs and answers to annexed questions, followed by best endeavours to agree a sample. Full disclosure and witness statements on reliance from all claimants at this stage would be disproportionate and contrary to the overriding objective. The information provided through the annexed questions is sufficient for understanding and sampling. The court also declined to order Serco to respond to the amended further particulars of quantum at this stage, as it would not materially advance the proceedings and would impose an unnecessary burden.

Court Disposition

Application for full disclosure and witness statements on reliance from all claimants refused; application for Serco to respond to further particulars of quantum refused; sampling process to proceed as per G4S approach.

Orders

  • Sampling process to proceed with provision of IPORs and answers to annexed questions by 30 November 2022.
  • No order for full disclosure or witness statements on reliance from all claimants at this stage.