Summary
In complex group litigation, sampling may be used as a proportionate means of managing individual issues where structured particulars allow the defendant to understand and evaluate the claims and select an effective sample. It is generally disproportionate to require every claimant to provide full disclosure and witness statements on reliance before sampling where targeted questions address the relevant concerns. A defendant need not respond formally to detailed further particulars of quantum where the response would require substantial expert and legal work, its benefit is uncertain, and the issues can be addressed later if quantum is reached.
Factual background
The ruling concerned the first case management conference in two sets of claims under section 90A of and Schedule 10A to the Financial Services and Markets Act 2000. The claimants sought compensation for alleged losses arising from untrue or misleading published information, omissions and dishonest delay concerning Serco shares.
The court considered sampling, disclosure and witness statements on reliance, and whether Serco should respond formally to amended further particulars of quantum.
Held
- The agreed split-trial and sampling process was directed to proceed. Full disclosure and witness statements on reliance from all claimants before sampling were disproportionate and inconsistent with the overriding objective.
- The structured IPORs and annexed questions were sufficient to enable understanding and evaluation of the claims and effective sampling. Further evidence from non-sample claimants could be required later where appropriate.
- Serco was not required to respond formally to the amended further particulars of quantum. Such a response was unconventional, would require substantial expert and legal work, and offered no material procedural advantage at that stage.
The court’s approach to earlier authorities
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Key cases cited
2 authorities cited.
- Various Claimants v G4S Limited [2022] EWHC 1742 (Ch)
- Manning and Napier Fund Inc v Tesco plc [2017] EWHC 3296 (Ch)
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Cases citing this case
6 later cases · 1 positive · 3 neutral · 2 negative
Most senior citing decisions:
- Various Claimants Listed in the Schedules to the Claim Forms v Entain Plc [2026] EWHC 1622 (KB) considered
- California State Teachers' Retirement System & Ors v Boohoo Group PLC [2026] EWHC 335 (Comm) not followed
- Aabar Holdings SARL & Ors v Glencore PLC & Ors [2024] EWHC 1556 (Comm) considered
- Allianz Funds Multi- Strategy Trust (on behalf of AllianzGI Best Styles Global Equity Fund) & Ors v Barclays Bank PLC [2024] EWHC 235 (Ch)
- Wirral Council as administering authority of Merseyside Pension Fund v Indivior PLC [2023] EWHC 3114 (Comm)
- Various Claimants v Standard Chartered Plc [2023] EWHC 2756 (Ch)
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