Various Claimants v Serco Group Plc [2022] EWHC 2052 (Ch) (27 July 2022)

Various Claimants v Serco Group Plc [2022] EWHC 2052 (Ch) (27 July 2022)

The court determined that the process for sampling claimants should proceed as per the G4S approach, with disclosure and witness statements on reliance limited to sample claimants at this stage. Full disclosure/witness statements from all claimants would be disproportionate and not consistent with the overriding objective. Serco is not required to respond to the further particulars of quantum at this stage, as such a response would be premature and burdensome.

Citation
[2022] EWHC 2052 (Ch)
Parties
Claimant: Various Claimants; Defendant: Serco Group plc
Jurisdiction
England and Wales
Judgment Date
27 July 2022
Procedural Posture
Case Management Conference (cmc) in Financial Litigation / First Cmc; Pre Trial Procedural Orders
Outcome
Case management orders issued; procedural requests largely denied.
Legal Topics
Section 90 a FSMA Claims, Misleading Statements in Published Information, Fraudulent Conduct, Disclosure and Sampling Procedures, Quantum Assessment
Financial Services Law Securities Litigation Civil Procedure Section 90 a FSMA Claims Misleading Statements in Published Information Fraudulent Conduct Disclosure and Sampling Procedures Quantum Assessment

Case Brief

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Parties

Various Claimants

Claimant

Serco Group plc

Defendant

Procedural Posture

Case Management Conference (cmc) in Financial Litigation / First Cmc; Pre Trial Procedural Orders

Legal Issues

  1. 1 Whether disclosure and witness statements on reliance should be ordered from all claimants prior to sampling
  2. 2 Appropriate process for sampling claimants for trial 2
  3. 3 Whether Serco should respond to amended further particulars of quantum

Ratio Decidendi

The court determined that the process for sampling claimants should proceed as per the G4S approach, with disclosure and witness statements on reliance limited to sample claimants at this stage. Full disclosure/witness statements from all claimants would be disproportionate and not consistent with the overriding objective. Serco is not required to respond to the further particulars of quantum at this stage, as such a response would be premature and burdensome.

Court Disposition

Case management orders issued; procedural requests largely denied.

Orders

  • Sampling process to proceed as per G4S approach.
  • Disclosure and witness statements on reliance limited to sample claimants at this stage.