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Frederick Fein of Clyde & Co argues that large public companies are especially vulnerable to nuclear verdicts – exceptionally high jury verdicts (>$10m) that exceed what most would consider reasonable – which show no sign of slowing down, with drivers including rising corporate mistrust, growth in third party litigation funding and fake advertising.
Ronan Guyomarc'h, Janette McLennan and Christopher Smith of Clyde & Co analyse the first successful application for contingency fees made in an Australian shareholder class action after the Supreme Court of Victoria approved an application for a group costs order (GCO). The team predicts that there will be a rise of greater competition between law firms prepared to act on a contingency fee basis on the one hand and litigation funders on the other. They expect the decision to add to the popularity of the Supreme Court of Victoria as a venue for class actions and give rise to ‘forum shopping’ between that Court and the Federal Court.

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