n Without Prejudice - Delictual class actions : tenable claims? : litigation
|Article Title||Delictual class actions : tenable claims? : litigation|
|© Publisher:||JetBlue Publishers (Pty) Ltd|
|Affiliations||1 Norton Rose Fulbright|
|Publication Date||Apr 2016|
|Pages||36 - 38|
Civil litigation, like a sports game, has fitness criteria to qualify as a player. For right of entry into the field of litigation, prospective litigants must comply with the rules of legal standing. There are specific rules applicable to litigation involving a class action for damages for injury or damage in a delictual claim. In particular, where a class presents a novel question of delictual law, the certification question is whether the usual standard of proof to establish a valid cause of action is appropriate. This is necessary given the important yet preliminary nature of certification. Has a primafacie case or plausible case been made? This is the very question that arose in the class certification application in Mukaddam v Pioneer Foods (Pty) Ltd 2013 (2) SA 254 (SCA) (Mukaddam 1) and Mukaddam v Pioneer Foods (Pty) Ltd 2013 (5) SA 89 (CC) (Mukaddam 2).
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