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14 August 2008
Issue: 7334 / Categories: Legal News
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Consumer power

Collective redress

Consumers and small businesses will be able to pursue compensation claims via a collective redress system if Civil Justice Council (CJC) proposals are adopted.

The CJC recommends an increasing the number of organisations that can bring claims and changes to laws to permit the award of aggregate damages. Robert Musgrove, chief executive of the CJC, says the proposal is not a licence to lawyers or funders to “drum up litigation for personal profit” but an improvement in access to justice to allow legitimate claims to be brought.

Musgrove says: “The recommendations contain a number of procedural mechanisms that protect defendants, and place the casemanaging judge in control at all stages of the claim; from certification of merits, agreement of the funding arrangements, rigorous case management of the claim, and authority over the final settlement”.

Steve Brooker, policy expert for the National Consumer Council says it should be possible in future for cases to be brought on an opt-out basis.

“[This] is best suited for dealing with claims involving relatively small sums for the individuals affected, but that would allow companies to build up large windfalls if the claims were not otherwise pursued,” he adds.

Issue: 7334 / Categories: Legal News
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MOVERS & SHAKERS

HFW—Nelson Wang

HFW—Nelson Wang

HFW strengthens global insurance practice and Greater China offering with London Partner hire

Burges Salmon—David McEwing

Burges Salmon—David McEwing

Burges Salmon boosts Energy and Utilities practice with appointment of David McEwing

Browne Jacobson—Alexander Studholme

Browne Jacobson—Alexander Studholme

Browne Jacobson adds international construction arbitration partner in London push

NEWS
A former senior judge has warned peers against scrapping juries for fraud and financial crimes, ahead of the Courts and Tribunals Bill’s second reading in the House of Lords this week
Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
Climate change belongs on every lawyer’s agenda, with risks extending far beyond environmental practice into commercial advice, litigation and access to justice
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