ABSTRACT
Post-pandemic, the shipping industry will inevitably be faced with increasing numbers of class actions in large maritime claims, including those arising from outbreaks of viruses on passenger ships, workplace issues, human rights issues, competition claims, shareholder claims or calamities involving loss of or damage to cargo, or environmental damage. It is also inevitable that class action tourism will increase, with claimants looking to jurisdictions with mature markets in class action law and litigation, and where the role of litigation funders is both well understood and well managed. All who are involved in maritime claims need to be conscious of the role that third-party-funded litigation is likely to play in the coming decade, and be conscious that it is a phenomenon that might yet pose a challenge to the calibration of the maritime industry so carefully negotiated over the last century by protection and indemnity (P&I) clubs, shipowners and shippers. Australia has been at the forefront of the development of class actions. The approaches of the Australian courts to the recovery of defence costs on settlement or judgment, and the treatment of an after-the-event (ATE) premium may shed some light on the types of issues that are likely to arise across common law jurisdictions when dealing with class actions in the maritime context.
