15 October 2025
Unclaimed funds left after an opt-out collective action has settled should be given to a justice charity rather than reverting in full to the defendants, lawyers or funders, the Access to Justice Foundation (AJF) has recommended
The AJF, the nominated charity to receive unclaimed damages from such cases, was responding to a Department of Trade and Industry call for evidence on opt-out consumer claims. There is currently no statutory mechanism for allocating unclaimed funds.
The AJF also proposes the government set up a portal for consumers to access their damages, as people are often wary of providing their financial information to third parties online.
