Expiration of the Limitation Period and Certification of a Class Action

Abstract

The article discusses the impact of the defendant’s exceptions about the omission of the class action limitation period by members of the group at the stage of preparation for the trial – during the certification of the group. Methodology is based on analysis of the legal regulation of class actions, judicial practice and doctrinal approaches related to the issues of the limitation period and the criteria for group certification.

The main research question is to reveal the framework required for analysis of influence of limitation period on the legal qualification of group claims. The legal consequences of missing the limitation period are considered in the light of certification criteria including the numerosity. The author proposes possible solutions: requisitions for group definition are considered, lapse of claim and its consideration in a preliminary hearing is modeled, utilitarian argument about different terms for appealing judicial acts is revealed. The author considers the optimal approach to the certification of the group by the court without taking into account such exceptions of the defendant. The circumstances of the expiration of the limitation period, taken into account when resolving the claims on the merits, should be established after checking the compliance of the class action with the conditions named in the law.