HUGH HALL CAMPBELL QC, REPRESENTATIVE PARTY IN PROPOSED GROUP PROCEEDINGS AGAINST JAMES FINLAY (KENYA) LTD [2022] ScotCS CSIH_29 (27 May 2022)
The group’s claims arise from common conditions of employment and working practices, and the issues of fact and law are sufficiently similar or related to justify group proceedings. The Lord Ordinary was correct in granting permission.
- Citation
- [2022] ScotCS CSIH_29
- Parties
- Applicant and Respondent: Hugh Hall Campbell QC; Respondents and Reclaimers: James Finlay (Kenya) Limited
- Jurisdiction
- Scotland
- Judgment Date
- 27 May 2022
- Procedural Posture
- Reclaiming Motion Against Permission to Bring Group Proceedings / Appeal Decision
- Outcome
- Reclaiming motion refused
- Legal Topics
- Group Proceedings, Duty of Care, Negligence, Musculoskeletal Injury, Common Conditions of Employment
Case Brief
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Parties
Hugh Hall Campbell QC
Applicant and Respondent
James Finlay (Kenya) Limited
Respondents and Reclaimers
Procedural Posture
Reclaiming Motion Against Permission to Bring Group Proceedings / Appeal Decision
Legal Issues
- 1 Whether the claims of employees are sufficiently similar or related to justify group proceedings under section 20(6)(a) of the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018
Ratio Decidendi
The group’s claims arise from common conditions of employment and working practices, and the issues of fact and law are sufficiently similar or related to justify group proceedings. The Lord Ordinary was correct in granting permission.
Court Disposition
Reclaiming motion refused
Orders
- Permission to bring group proceedings affirmed
Full Case Text
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