HUGH HALL CAMPBELL QC, REPRESENTATIVE PARTY IN PROPOSED GROUP PROCEEDINGS AGAINST JAMES FINLAY (KENYA) LTD [2022] ScotCS CSIH_29 (27 May 2022)

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

  1. 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