n Without Prejudice - Delictual class actions : tenable claims? : litigation




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 2013 (2) SA 254 (SCA) () and 2013 (5) SA 89 (CC) ().


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