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An appeals court has overturned a ruling ordering class closure in seven representative proceedings against car makers over defective Takata airbags, finding courts do not have the power to make class closure orders.
The lead applicants in seven class actions against auto manufacturers over explosive Takata airbags have criticised the courts for losing their way in ensuring justice is done, in a landmark challenge to class closure orders made in the cases.
Judges have no power to order all class action members to pay a proportion of a litigation funder’s commission out of their share of a settlement, the High Court has ruled in a landmark judgment that deals a huge defeat to litigation funders.
The judge overseeing seven class actions against car makers over defective Takata airbags has shot down the applicants' opposition to a soft class closure order in advance of mediation, saying the cases would not be a "mystery tour" from here on out.