The ‘Seroxat is defective’ trial can only proceed on a ‘worst in class’ basis, Court of Appeal rules.
This does not look good for the claimants, whose own barristers, on the first day of opening arguments, denied that ‘worst in class’ had been central to their pleaded case in earlier ‘case management’ hearings. The point of the unusual appeal, before any evidence had been heard, was that such a narrow ‘scope’ would make it difficult for them to win.
The claimants’ solicitors have not yet made a statement on their website, as to whether they will seek to resume the trial. The main alternative appears to be that the case is abandoned, in the event of the claimants’ litigation funders deciding that the chances of winning are now too low.