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Author: Admin | 2025-04-28
A strongerincentive to settlethan one with a strong case and a large claim for damages. [141] Invirtually any class action there is bound to be some tension betweenthose class members with a strong claim and those with aweak claim.But this is no bar to certification of the class action nor is it abar to the appointment of the applicants who bringthe certificationapplication as representatives of the class. There will inevitably besome trade-offs in a class action. However,the benefits of increasedaccess to justice and judicial economy outweigh the inevitabletrade-offs involved in aggregate litigation.[51]It has to be remembered that any member of the class with aparticularly strong cause of action involving a large claim and whois capable of pursuing it outside of the class, is entitled to optout of the class action.[142] Inthe result, we are satisfied that the surviving applicant mineworkersare suitable to be appointed as class representatives.Suitabilityof Legal Representatives: [143] Thelegal team representing the two classes consists of experienced localattorneys and counsel and they have the support servicesof twoUnited States law firms, Motley Rice LLC and Hausfield LP, who haveagreed to fund the litigation as well as act as consultantsprovidingtechnical and legal advice for the litigation. They have expertiseand experience in class action litigation. [144] Thelegal team includes three firms of attorneys one of which operates asa non-governmental organisation, the LRC. The LRC hasextensiveexperience in cases concerning public interests as well as casesinvolving large numbers of people. There are nine counselrepresenting the mineworkers, five of whom are senior counsel. Therecannot
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