The victims who have been De-Banked should join together in a Class Action Lawsuit – GLO
Exploring Class Action Lawsuits (Group Litigation Order) in the United Kingdom: A Comprehensive Overview
Introduction:
Class action lawsuits have emerged as a powerful legal mechanism in the United Kingdom, providing an avenue for groups of individuals with similar claims to collectively seek justice and compensation against entities responsible for harm or wrongdoing. This legal phenomenon has gained traction in recent years, presenting an alternative to individual litigation for those facing a shared grievance.
What is a Class Action Lawsuit?
In simple terms, a class action lawsuit is when a group of individuals collectively files a legal claim against one or multiple parties accused of the same wrongdoing. These lawsuits make it possible to address legal issues that would be difficult or impossible for individuals to pursue independently. For instance, if a company produces a defective product worth £50 that impacts numerous consumers, it may be impractical for each individual to pursue a separate lawsuit due to the cost and time involved. Class actions offer a solution by allowing affected parties to consolidate their claims into one case, making it more feasible to seek justice collectively.
How Do Class Action Lawsuits Work?
Class action lawsuits start with a single person contacting an attorney who believes their claim is suitable for a class action. The solicitor then searches for other individuals who share similar grievances to form a class. Once potential class members are identified, they are notified of their eligibility to join the lawsuit. At this stage, individuals have the option to opt-in or opt-out of the class action, depending on their preference.
Is My Case Suitable for a Class Action?
For a class action to be viable, it must involve a group of people who have suffered similar damages due to the same issue and by the same party. Class actions are most effective for minor claims where the strength lies in numbers. However, in cases where an individual’s damages significantly exceed those of the class, they may consider opting out to pursue an individual lawsuit.
Advantages of Joining a Class Action Lawsuit
Participating in a class action lawsuit can be advantageous for individuals with small claims. By joining a class, claimants don’t have to worry about legal fees or navigating court proceedings. Lawyers working on class actions usually operate on a contingency fee basis, covering all legal expenses and only getting paid if the case is successful. This system incentivizes lawyers to work diligently for the best results while easing the financial burden on the plaintiffs.
The Role of Lead Plaintiffs
In a class action, lead plaintiffs play a crucial role as they represent the interests of the entire class. They must have no history of dishonesty or fraud and should be representative of the issue at hand. Lead plaintiffs are responsible for overseeing the progress of the case and liaising with the legal team.
Duration and Payment of Class Action Lawsuits
The duration of class action lawsuits can vary significantly, ranging from months to several years, depending on the complexity of the case and whether it goes to trial or settles. After a class action is resolved, the money is divided among class members according to the settlement or verdict obtained. Lead plaintiffs may receive a separate award for their additional responsibilities.
The Process
In the United Kingdom, initiating an application for a class action lawsuit, known as a “Group Litigation Order” (GLO), involves a comprehensive legal process. Here’s an outline of the steps to make such an application:
1. **Identify Common Ground**: The first step in seeking a GLO is to identify a group of claimants who share common legal and factual issues arising from the same or related events. These common issues form the basis for the class action.
2. **Appoint a Lead Solicitor**: The lead claimant, on behalf of the group, appoints a solicitor to represent them. The lead solicitor plays a crucial role in the application process and throughout the litigation.
3. **Preliminary Analysis**: The solicitor conducts a preliminary analysis of the potential class action, assessing the merits of the claims and the feasibility of a GLO application.
4. **Pre-action Protocol**: Before filing the GLO application, the solicitor may engage in a pre-action protocol process, which involves notifying the defendant(s) of the potential claim and seeking resolution before commencing formal legal action.
5. **Application to the Court**: To seek a GLO, the lead solicitor files an application at the appropriate court, typically the High Court of Justice. The application must contain detailed information about the claims, the proposed class members, and the common issues.
6. **Class Definition and Certification Criteria**: The application must define the class of claimants precisely and demonstrate that the case meets the certification criteria for a GLO. These criteria include numerosity, commonality, typicality, and adequacy of representation.
7. **Notice to Potential Class Members**: Once the court grants permission to proceed with the GLO, the solicitor must provide notice to potential class members, informing them of the action and their right to opt-out if they wish to pursue individual claims instead.
8. **Case Management Conference**: The court holds a case management conference to discuss procedural matters and set out a timetable for the litigation process.
9. **Evidence Gathering**: The solicitor and claimants proceed with the collection of evidence to support their claims and build the case.
10. **Trial or Settlement**: The GLO may proceed to trial if the parties do not reach a settlement. If the case is settled, the court must approve the settlement to ensure it is fair and reasonable for the class members.
11. **Distribution of Settlement**: If the GLO is successful, the compensation awarded or settlement amount is distributed among the class members.
Conclusion
Class action lawsuits are a powerful tool for holding negligent parties accountable and providing justice for a group of people who may not be able to obtain it individually. By consolidating their claims, individuals can overcome the barriers of time and cost to seek compensation collectively. Class actions empower consumers and individuals to stand up against powerful entities, ensuring that the pursuit of justice remains accessible to all.
We have recently witnessed the consequences of large organisations, flexing their corporate muscles, in a pre-meditated effort to dictate their ‘virtue-signalling’ politics on the masses, however, despite their size, their wealth and their power, they are no match for hundreds, even thousands of people, who stand united behind a GLO.
The only way to prevent further erosion of our civil liberties, would be for those affected to fight back in numbers that would see the bully-tactics of the corporations disappear without trace.