Paul Clark

Overview

Paul is the convenor of the International Team at Garden Court and a public international law specialist with extensive expertise across diverse aspects of the field. He has advised and represented international organisations, NGOs, states, and individuals before international courts and tribunals, including the International Court of Justice (‘ICJ’).

His practice encompasses state and personal immunities, non-state actors, the law of the sea, international humanitarian law, and climate change, as well as the related areas of transnational group litigation, international human rights law, and international criminal law.

Notable Cases

Paul’s cases include:

• Advisory Opinion on the Right to Strike under ILO Convention No. 87, International Court of Justice: Advocate and counsel for Business AFRICA in landmark advisory opinion proceedings on an important question of treaty interpretation concerning workers’ right to strike, freedom of association, and the right to organise. [LINKS: Garden Court News; Blog of the European Journal of International Law; BIICL; UN News]
• Armed Activities on the Territory of the Congo (Democratic Republic of the Congo v. Uganda), International Court of Justice: Counsel for the DRC in reparations proceedings before the ICJ concerning violations of international human rights law and international humanitarian law (with Philippe Sands KC & Michelle Butler). The Court awarded the DRC $225 million for damage to persons, $40 million for damage to property, and $60 million for damage related to natural resources. [LINKS: Blog of the European Journal of International Law; Al Jazeera]
• R (on the application of Al-Attiya) v Secretary of State for the Foreign, Commonwealth and Development Office: Counsel for the Claimant in a novel challenge to the diplomatic status and immunities of the former Prime Minister of Qatar, Sheikh Hamad bin Jassim bin Jaber Al Thani (‘HBJ’). [LINKS: The Guardian 15-02-16; Channel 4; The Guardian 18-10-15]
• Duarte Agostinho v 33 States, European Court of Human Rights: Counsel for the Applicants in a ground-breaking case against 33 States. This was the first application to the ECtHR to address climate change as a human rights issue, the first to seek to establish state responsibility for overseas emissions, and the first to adopt a ‘shared responsibility’ approach to the international obligations of states. You can view the case website here [LINK: Youth 4 Climate Justice]; Academic commentary here [LINKS: Litigating the Climate Emergency (Cambridge University Press); Blog of the European Journal of International Law] and some of the news coverage here [LINKS: BBC World News 27-09-23; Financial Times 23-09-23; The Guardian; Financial Times 1-09-23; Reuters ; The Times ; DW News ; Washington Post]
• Municipio de Mariana v BHP Group Plc. (‘the Mariana dam disaster group action’): Counsel for the claimants, advising and drafting submissions on European Convention on Human Rights issues in a successful application under CPR 52.30 to reopen a judgment striking out the claim. This is the largest mass tort/group claim ever brought in the English courts: a £36 billion action arising from the 2015 collapse of the Fundão tailings dam in Brazil, brought against BHP’s UK and Australian parent companies by around 600,000–620,000 Brazilian individuals, businesses, and municipalities. [LINKS: The Guardian; Financial Times; Herbert Smith Freehills Kramer; Pinsent Masons]
• ‘The People’s Climate Case’: Armando Ferrão Carvalho and Others v The European Parliament and the Council, Court of Justice of the European Union: Counsel to Climate Action Network Europe (‘CAN Europe’) as intervener in a case brought by families and young people challenging the EU in order to protect their human rights from the insufficiency of the EU’s 2030 greenhouse gas emission reduction target (with Marc Willers KC). [LINKS: Climate Case Chart; European Law Blog]
• Prosecutor v. Saif Al-Islam Gaddafi, International Criminal Court: Counsel for Libya in its historic admissibility challenge to the ICC’s jurisdiction over the criminal investigation and trial of Saif Gaddafi for crimes against humanity and war crimes (with Professor Philippe Sands KC, Professor Payam Akhavan & Michelle Butler). This was the first time the ICC considered a case referred by the UN Security Council where an active domestic criminal process was underway. Paul acted throughout the proceedings before the Pre-Trial Chamber and subsequently before the Appeals Chamber. Following the Appeals Chamber’s judgment, he advised the Libyan Government on the law of state responsibility regarding the ICC’s referral of Libya to the UN Security Council, and in relation to submissions to the Security Council. [LINKS: Blog of the European Journal of International Law 20-06-12; 20-02-12]
• Prosecutor v. Abdullah Al-Senussi, International Criminal Court: Counsel for Libya (with Professor James Crawford AC SC, Wayne Jordash KC & Michelle Butler). Mr Al-Senussi’s case was the first instance in international law where a State successfully applied to the ICC to prosecute an accused domestically rather than before the Court. [LINK: BBC World News]
• Prosecutor v. Jovica Stanišić, International Criminal Tribunal for the Former Yugoslavia: Acting for the defence (with Wayne Jordash KC). Mr Stanišić, the former Chief of the Serbian State Security Service, was accused of having directed, organised, equipped, trained, armed, and financed units of the Serbian State Security Service. He faced charges of murder, persecution, deportation, and forcible transfer of non-Serb civilians from Bosnia and Herzegovina and Croatia between 1991 and 1995. Mr Stanišić was acquitted of all charges at trial, though a retrial was subsequently ordered. [LINKS: BBC News; The Guardian; UN ICTY]
• Prosecutor v. Issa Hassan Sesay, Morris Kallon and Augustine Gbao (‘the RUF trial’), Special Court for Sierra Leone: Defence of the First Defendant (with Wayne Jordash KC & Sareta Ashraph). Three former members of the Revolutionary United Front (RUF) were charged on an 18-count indictment alleging war crimes, crimes against humanity, and other serious violations of international law. The proceedings involved a four-year trial featuring 102 prosecution witnesses and 72 defence witnesses. This was followed by an extensive appeals process, during which Paul made oral submissions to the Appeals Chamber on what was then a novel set of issues concerning the crime of hostage-taking. [LINK: The Guardian]
• Universal jurisdiction cases before the domestic courts concerning (war crimes, crimes against humanity, and genocide): All details are confidential at present.

Paul has a wealth of experience in advisory work across the spectrum of public international law. The limited proportion thereof which is in the public domain includes:

• Advice to the Government of Namibia on litigation and negotiations with the Government of Germany concerning the Herero genocide (1904–1907) (with Dexter Dias KC & Richard Reynolds). [LINK: New Era News]
• Advice to Greenpeace Middle East & North Africa on international criminal accountability for environmental destruction.
• Advice to Greenpeace International on corporate accountability in international and domestic criminal law arising from contribution to climate change.
• Advice to a high-profile witness in a trial before the Special Court for Sierra Leone (with Lord Ken Macdonald KC & Michelle Butler)

Paul remains actively engaged in academia, having delivered guest lectures at Harvard Law School and Osgoode Hall Law School (York University, Toronto). He was previously a junior faculty member at the Institute for Global Law & Policy at Harvard Law School, and has also taught at Durham University and Birkbeck, University of London.

Paul’s work was cited by the International Law Commission in its Third Report on Identification of Customary International Law. His publications include:

• “Climate Litigation before International Tribunals” in Litigating the Climate Emergency, Cambridge University Press, 2022 (with Gerry Liston)
• “Climate change and the European Court of Human Rights: The Portuguese Youth Case”, EJIL Talk, 2020 (with Gerry Liston & Ioannis Kalpouzos) [LINK: Blog of the European Journal of International Law ]
• “Exclusion Of Evidence Obtained in Violation of Fundamental Rights” (2012) Journal of Commonwealth Criminal Law, vol. 1, no. 2, 345-356
• R (Hassan) v Secretary of State for Defence (case note) (2011) Oxford Reports on International Law ILDC series 78
• “Unity, Diversity, and the Fragmentation of International Law: How Much Does the Multiplication of International Organizations Really Matter?” (2006) Chinese Journal of International Law, vol. 5, no. 2, 341-370 (with Mario Prost)

Paul’s expertise and experience at domestic law includes not only English common law, but also the French civil law system. Having studied French law at undergraduate level, he also has practical experience in this regard as a result of both his work in international tribunals, and his experience as Stagiaire at Vovan & Associés, in Paris.

Overview

Paul’s expertise in international criminal law encompasses extensive experience in pre-trial, trial, and appellate proceedings before the International Criminal Court (‘ICC’), the International Criminal Tribunal for the Former Yugoslavia (‘ICTY’), and the Special Court for Sierra Leone (‘SCSL’), including several of the matters listed above. He has particular expertise in the intersection between public international law and international criminal law, having represented the Libyan Government in two historic cases before the ICC concerning the Court’s jurisdiction in post-revolutionary Libya. He has been described in the legal directories as “a real legal powerhouse who is very innovative and whose knowledge of the law in this area is superb” and “a measured, persuasive and indomitable advocate“.

Paul regularly provides guest teaching international criminal law (with Professor Heidi Matthews) at Osgoode Hall Law School in Toronto, Canada, and has been invited to speak at Harvard University on international criminal law and related topics.

Notable Cases

Paul’s cases include:

• Prosecutor v. Saif Al-Islam Gaddafi, International Criminal Court: Counsel for Libya (with Professor Philippe Sands KC, Professor Payam Akhavan & Michelle Butler), as described above.
• Prosecutor v. Abdullah Al-Senussi, International Criminal Court: Counsel for Libya (with Professor James Crawford AC SC, Wayne Jordash KC & Michelle Butler), as described above.
• Prosecutor v. Jovica Stanišić, International Criminal Tribunal for the Former Yugoslavia: Defence (with Wayne Jordash KC), as described above.
• Prosecutor v. Issa Hassan Sesay, Morris Kallon and Augustine Gbao (‘the RUF trial’), Special Court for Sierra Leone: Defence of the First Defendant (with Wayne Jordash KC & Sareta Ashraph), as described above.
• Firas Najah Abdal Jabar v Secretary of State for the Home Department : Advised and drafted submissions on whether evidence regarding Mr Jabar’s military activities disclosed responsibility for international crimes (war crimes and/or crimes against humanity). This arose in the context of Article 1F of the 1951 UN Refugee Convention, which excludes protection for any individual where there are “serious reasons for considering that […] he has committed a crime against peace a war crime, or a crime against humanity as defined in the international instruments […]”.
• Universal jurisdiction cases before the domestic courts concerning war crimes, crimes against humanity, and genocide: All details are confidential at present.

Paul in regularly instructed to undertake advisory work in this area. The limited proportion thereof which is in the public domain includes:

• Advice to the Government of Namibia on litigation and negotiation with the Government of Germany concerning the Herero genocide (1904-1907), as noted above;
• Advice to Greenpeace Middle East & North Africa on international criminal accountability for environmental destruction, as noted above.
• Advice to Greenpeace International on corporate accountability in international and domestic criminal law, as noted above.
• Advice to a high-profile witness in a trial before the Special Court for Sierra Leone, as noted above.

Much of Paul’s academic work (described above) is concerned with international criminal law. In addition, he spent time at the Extraordinary Chambers in the Courts of Cambodia, having been awarded a fellowship from the American Society of International Law for his work on victim participation international criminal trials, where he contributed to the work of a Cambodian NGO in facilitating victim participation in the international trials of members of the Khmer Rouge. Paul was also an author of an amicus curiae submission to the Constitutional Court of Colombia concerning the application of international humanitarian law and international human rights law in the context of potential criminal liability of state military forces.

Before practising at the Bar, Paul worked for the UN as a Legal Officer in Chambers at the ICTY and was a Fellow of the International Bar Association Human Rights Institute. In these roles, he worked with judges across both the Trial and Appeals Chambers at the ICTY on matters including:

• Prosecutor v. Ramush Haradinaj, Idriz Balaj, & Lahi Brahimaj et al. (retrial)
• Prosecutor v. Nikola Šainović, Nebojša Pavković, Vladimir Lazarević & Sreten Lukić

Overview

Paul has a wealth of experience representing bereaved families in complex inquests and public inquiries. He has particular expertise in inquests concerning university students, police shootings, deaths in prison and police custody, police pursuit fatalities, and deaths in mental healthcare settings.

He is described in the legal directories in this area as “a great inquest barrister” who is “always on top of the facts, well prepared and devoted to his clients“, and who is “extremely strong at advocacy and always has fantastic submissions”.

Notable Cases

A selection of Paul’s cases includes:

• The Covid-19 Public Inquiry: Instructed to represent 4 organisations all of whom are concerned with the rights of people in detention (both in prison and in immigration detention): the Howard League for Penal Reform; the Prison Reform Trust; Medical Justice; and BID (‘Bail For Immigration Detainees’).
• Undercover Policing Inquiry: Represented a number of Core Participants in applications for special measures to ensure adequate protection when giving evidence regarding mistreatment by undercover officers.
• Inquests into the deaths of Connie Gent, Terri Harris, and her children, Lacey Bennett and John Paul Bennett (the Damien Bendall murders): Represented the mother of Connie Gent and father of Lacey Bennett and John Paul Bennett, who were murdered by Damien Bendall shortly after his release from prison on probation. Bendall also murdered Terri Harris (mother of John Paul and Lacey). The inquests attracted significant national attention and concluded that several “very stark” failures by the Probation Service resulted in a flawed risk assessment of Bendall, directly contributing to the four deaths. [LINKS: BBC News ; The Guardian; ITV News; The Independent]
• Inquest into the death of Yassar Yaqub (with Michael Mansfield KC): Represented the family of Yassar Yaqub in a complex and sensitive six-week inquest. Mr Yaqub was shot and killed by a West Yorkshire Police firearms officer on 12 July 2017, following a vehicle pursuit connected to an undercover operation. The inquest followed earlier criminal trials involving associates who were in the convoy. [LINKS: INQUEST Release; Garden Court News; ITV News; The Guardian]
• Inquest into the death of Luke Clarke: Represented the family of Luke Clarke. Luke, aged 38, was found ligatured in his cell in the Covid-19 wing at HMP Wormwood Scrubs on 7 April 2020. He died less than 24 hours after being transferred from St Bernard’s Hospital, Ealing, where he had undergone a Mental Health Act assessment. The inquest addressed complex multidisciplinary issues compounded by the early operational impact of Covid-19 in prisons. The jury found that fear and confusion caused by Covid-19, inadequate care by prison staff, and a failure of liaison between the prison and hospital all contributed to his death. [LINKS: The Times; Garden Court News; The Independent; INQUEST Release]
• Inquest into the death of Joshua Ball (with Lorna Skinner KC): Represented the family of Joshua Ball, who died following a foot pursuit and physical restraint by police officers. He had been behaving erratically while under the influence of cocaine, was covered in blood, and showed signs of self-harm. Officers restrained him on the ground in handcuffs and applied a spit hood. The case involved complex medical and pathological evidence regarding the physical cause of death, the effects of restraint, and failures by officers to obtain timely medical assistance during an acute mental health crisis. [LINK: Imran Khan & Partners Release]
• Inquest into the death of Theo Brennan-Hulme: Represented the family of Theo Brennan-Hulme. Theo was a first-year undergraduate at the University of East Anglia diagnosed with Asperger’s syndrome, who died by self-inflicted hanging in his second term. The Coroner identified causative inadequacies in the assessment and treatment of Theo’s mental health, alongside systemic failings by Norfolk and Suffolk NHS Foundation Trust. Following multiple adjournments to gather evidence sought by the family, the Coroner made findings regarding an institutional culture within certain teams that tried to resist accepting referrals. [LINKS: Leigh Day Release; BBC News 10-02-22 and 23-02-22; Norwich Evening News; Stoke Sentinel]
• Inquest into the death of Poppi Worthington (with Leslie Thomas KC): Paul and Leslie represented the father of Poppi Worthington, a 13-month-old toddler, who died suddenly in December 2012. This was the second inquest concerning Poppi’s death, after the findings in the original inquest had been quashed. This was a challenging and sensitive case, in view of extremely serious allegations against Mr Worthington of sexual abuse of his daughter, which were the subject of findings in proceedings concerning access to the remaining children before the family courts, but which he argued had never been properly and forensically tested until the inquest. Mr Worthington has consistently maintained his innocence. The inquest required rigorous examination of complex, competing pathological and medical expert evidence, in a climate of extremely adverse public opinion. The Coroner accepted the submission that the standard of criminal proof had not been met. [LINKS: ITV News 14-12-17 and 03-03-17; BBC News; The Guardian]
• Inquest into the death of Karanbir Cheema: Karanbir Cheema, a 13-year-old boy with multiple severe allergies, suffered a fatal anaphylactic reaction at school on 28 June 2017 after a classmate flicked a piece of cheese at him. Paul represented the boy who threw the cheese in a highly sensitive and tragic case. Senior Coroner Mary Hassell delivered a narrative conclusion, accepting that the act was a thoughtless, childish gesture with no intent to cause serious harm, and noting that such an extreme reaction to skin contact was extraordinary. The proceedings examined school allergy management, staff emergency preparedness, and the availability of in-date adrenaline auto-injectors (EpiPens), prompting concerns about preventing similar deaths. [LINKS: The Guardian; The Independent; BBC News 10-05-19 and 03-05-19]
• Inquest into the death of Frazer Williams: Represented the family of Frazer Williams, who died by hanging in his cell at HMP Guys Marsh. Frazer had a history of self-harm, emotionally unstable personality disorder, and was prescribed antipsychotic medication. Over the course of a three-and-a-half-week inquest, the jury heard evidence regarding severe self-neglect and safeguarding failures. The jury concluded that inadequate care and missed opportunities contributed to his death, identifying failures in the ACCT (Assessment, Care in Custody and Teamwork) process and complex case management forums. Arising from issues raised by the family, the Senior Coroner issued an exceptionally wide-ranging Prevention of Future Deaths report to the Prisons Minister, the Health Secretary, the Director General of HMPPS, the CEO of NHS England, the Prison Governor, and Unilink Software Limited. The report addressed national and local structural failings, including systemic inequity between community and custodial mental health transfers, the lack of joint national policies between NHS England and HMPPS on prisoner self-neglect, missing directories of prison healthcare capabilities, and lack of national guidelines on inter-prison handovers. [LINKS: Leigh Day Press Release; BBC News; Dorset Echo]

Overview

Paul has a broad practice in human rights and public law, and is an expert in the intersections between domestic and international law. His work spans climate change, discrimination, data privacy, free speech, modern slavery trafficking victims, prisoners’ rights, and the criminal justice system. He regularly acts for claimants in civil litigation against the police and other public authorities. He is frequently instructed to advise and represent claimants in judicial review proceedings and civil actions against the police and public authorities, appearing in judge-alone trials and civil jury trials, as well as negotiating high-value settlements. Legal directories describe him as having a “unique ability to put clients at ease in extremely difficult situations and engenders confidence in all he works with”, noting he is “an authoritative advocate”, “an assiduous junior with a sharp intellect”, and that his written advocacy is “compelling and powerful”.

Notable Cases

A small sample of his cases (of which the details are in the public domain) is as follows:

– R (Morahan) v HM Assistant Coroner For West London (Interested Parties: (1) Central & North West London NHS Foundation Trust; (2) The Commissioner Of Police Of The Metropolis) before the Divisional Court and the Court of Appeal (with Paul Bowen KC) and the European Court of Human Rights (as sole counsel): Tanya Morahan was an in-patient at an open rehabilitation unit operated by the Central & North West London NHS Foundation Trust. Until shortly before her death, she was a detained patient under the Mental Health Act. She died while absent without leave from the hospital. In the inquest (in which Paul Clark represented the Morahan family), the Coroner declined to find that the enhanced investigative duty under Article 2 ECHR was engaged, a decision challenged by the family. The case established leading appellate authority on the scope of Article 2 duties in voluntary and psychiatric healthcare settings.
– X v a police force: Advised and represented in civil proceedings on behalf of a claimant arrested for an offence under the Public Order Act, following her attendance of a demonstration on her university campus, organised by the University’s Anti-Racism Society, to express opposition to the war in Gaza. She was detained and subjected to a Community Resolution measure (giving rise to a criminal record) in circumstances which, the Claimant contended, breached her right to free speech under Article 10 of the ECHR, were dishonest, and amounted to misfeasance in public office. The matter settled before trial.
– The State of Nigeria v Udeme Otike-Odibi in the High Court of Lagos State, Nigeria: (with Paul Bowen KC): Mrs. Otike-Odibi is on trial in Nigeria for murder of her husband, and is at risk of imposition of the death penalty. She is represented in court by Nigerian lawyers. With Paul Bowen KC and Saul Lehrfreund of the Death Penalty Project, Paul provides advice and support to the lawyers in the domestic courts, including advice and submissions, grounded in international human rights law and comparative law, to secure an independent forensic psychiatric evaluation central to her defence concerning domestic abuse.
– VL v a London Borough & a police force: Advised and represented the Claimant in litigation concerning the response of the Defendants to indicia of exploitation, trafficking, and harm of a child in the context of criminal activity including ‘county lines’ drug dealing. The claim settled before trial.
– R v a private security company: Representation of a man with Multiple Sclerosis, who was stopped by an officer after he attended a football match, and accused of faking his disability as he used a route reserved for disabled persons. Various security officers physically restrained him and forced him to the ground. The police refused to prosecute. The claims – for breach of the European Convention on Human Rights, disability discrimination under the Equality Act, and assault – settled before trial. Paul and his instructing solicitor also persuaded the police to reverse their decision and to charge one of the security officers concerned, by way of representations under the ‘Victim’s Right to Review’, relying upon carefully crafted arguments invoking the Public Sector Equality Duty.
– M, M & H v Civil Nuclear Constabulary, Cumbria Police & Greater Manchester Police: Paul represented the claimants in a successful claim, following a full trial, for racial discrimination, unlawful arrest, trespass to the person and breach of the European Convention on Human Rights. The three friends were on a camping trip in the Lake District during which they engaged in wild camping in the vicinity of the Sellafield nuclear power site. Armed officers of the First Defendant woke the Claimants, and arrested them, on the basis of suspicion of an offence under section 5 of the Terrorism Act 2006.
– R (Criminal Injuries Compensation Authority) v. First Tier Tribunal: Successfully acted for the Interested Party in proceedings overturning a First-tier Tribunal decision refusing an award of criminal injuries compensation.
– Numerous judicial review challenges of failures of prisons to provide disabled prisoners with an appropriate adjustments.
– Duarte Agostinho v 33 States, European Court of Human Rights: Landmark climate application to the ECtHR concerning state human rights obligations regarding greenhouse gas emissions (described above).
– ‘The People’s Climate Case’: Armando Ferrão Carvalho and Others v The European Parliament and the Council, Court of Justice of the European Union: Counsel to Climate Action Network Europe (‘CAN Europe’) as intervener (with Marc Willers KC).
– Armed Activities on the Territory of the Congo (Democratic Republic of the Congo v. Uganda), International Court of Justice: Counsel for the DRC in reparations proceedings before the ICJ concerning violations of international human rights law and international humanitarian law (with Philippe Sands KC & Michelle Butler).
– Municipio de Mariana v BHP Group Plc. (‘the Mariana dam disaster group action’): Counsel for the claimants in a CPR 52.30 application in the largest group litigation in English legal history.

Paul in regularly instructed to undertake advisory work in this area, some of which was noted above. The limited proportion thereof which is in the public domain includes:

• Advice to the UK Anti-Corruption Coalition and its Illicit Finance Working Group on beneficial ownership transparency registers in the UK and EU, specifically addressing Article 8 ECHR privacy rights in light of CJEU jurisprudence
• Advice to a foreign national regarding international legal remedies and protective mechanisms against hostile state actions by the Russian Federation.
• Advice to Reprieve concerning the case of Andargachew Tsege, a British national and prominent opposition politician in Ethiopia, detained incommunicado in Ethiopia after having been abducted and ‘rendered’ from Yemen.
• Advice on state obligations under international human rights law and bilateral prisoner transfer agreements regarding a UK-sentenced prisoner transferred to Saudi Arabia who was unlawfully detained beyond his UK release date, including representations to the Secretary of State for Foreign, Commonwealth & Development.

Early in his career, Paul was inspired by work on landmark Ugandan death penalty constitutional challenge led by Keir Starmer (then) QC, Saul Lehrfreund and Parvais Jabbar (of the Death Penalty Project), and Katende, Ssempebwa & Co., before the Constitutional Court and the Supreme Court. He has undertaken pro bono work for human rights organisations including the Coalition for Women’s Rights in Conflict Situations and the European Human Rights Advocacy Centre (EHRAC), and previously worked as a Research Assistant in the Law Commission’s Public Law Team.

Overview

Paul is an established specialist in climate justice and environmental accountability, combining deep experience in international courts with domestic human rights litigation. His key instructions in this area include:

• Duarte Agostinho v 33 States, European Court of Human Rights: First application to the ECtHR to address climate change as a human rights issue;
• ‘The People’s Climate Case’: Armando Ferrão Carvalho and Others v The European Parliament and the Council, Court of Justice of the European Union: Counsel to Climate Action Network Europe (‘CAN Europe’) as intervener (with Marc Willers KC).
• Municipio de Mariana v BHP Group Plc. (‘the Mariana dam disaster group action’): Counsel for the claimants’ in a CPR 52.30 application in the largest mass tort/group claim ever brought in the English courts.