Greater Access to Justice for UK Consumers & Businesses as ‘Collective Claims’ for Victims Considered

Collective claims

06/08/2008

Groups of UK consumers, and businesses, who suffer from practices such as price fixing or injury caused by faulty products, could see their chance of taking legal action against those responsible made much simpler, and financially safer, if recommendations from the Civil Justice Council - a public body that makes proposals to modernise laws – are accepted by the Government.

The plans could see ‘collective claims’, legal cases on behalf of large numbers of claimants, taken out against companies for a range of unlawful activities including cartel price fixing, environmental damage or product liability claims including claims over faulty drugs.

Existing UK laws make it difficult for large groups to take legal action against companies, both procedurally and in terms of funding as legal aid cover is currently limited in any group action.

John Pickering, Head of Personal Injury at law firm Irwin Mitchell, said: “We warmly welcome these recommendations and urge the Government to implement them as soon as possible as there is real concern about a lack of access to justice for victims.

"The current system for dealing with claims for groups of claimants – consumer and businesses - is unsatisfactory; leaving many victims disenfranchised, and it requires immediate reform.

"It is a stark injustice that, for example, American claimants are able to conduct litigation against the drug manufacturer Merck in relation to the drug Vioxx, which resulted in a settlement, whilst those who have suffered similar harm in the UK are, from a practical standpoint, denied a remedy here."