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23 October 2014 / David Greene
Issue: 7627 / Categories: Opinion , Commercial
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Compensating the consumer

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Post-Jackson could individuals wronged by Wonga secure access to the court at a reasonable cost, asks David Greene

As “class action” lawyers we are often approached by individuals on potential claims against corporations or public bodies. Someone asked me the other day about potential claims against Wonga following the FCA and company’s announcements of the writing off of a huge swathe of debt. I know not if a claim arises but if it does, how do the individuals secure access to the court at a reasonable cost?

A claim brought by a large group sharing the cost and liabilities might be seen as a reasonable way forward. Unfortunately, the post-Jackson world does not lend itself to such a collective approach leaving potential claimants without a reasonable remedy. The collective process we have is ad hoc and in a state of flux. For consumers with small absolute individual losses there is nowhere to turn unless a regulator intervenes as happened with the SWAPS mis-selling and to some extent in Wonga.

Finding a solution

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NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
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