When faced with a legal problem, determining the best course of action can be daunting. For some, going it alone in the courtroom may not be feasible. This is where group legal action helps – letting people with similar issues join forces and fight their claim together. But is group legal action the right fit for you? In this guide, we’ll help you decide whether joining a group claim aligns with your goals, circumstances, and expectations.
What is group legal action, and when is it used?
Group legal action is designed to address issues that affect many individuals in a similar manner. Rather than each person filing a separate lawsuit, a group of claimants come together to file a single case. In the UK, group claims are becoming increasingly common and address different types of alleged wrongdoing. For example:
Volkswagen emissions claim
Volkswagen agreed to pay around £193 million in compensation to around 91,000 UK car owners after it was accused of installing software in diesel vehicles to cheat emissions tests. This was one of the largest group settlements in the UK. Similar claims have now been launched against other car manufacturers.
Talc cancer claim
After Johnson and Johnson agreed to pay billions of pounds in compensation to settle US cancer cases, UK lawyers have launched similar claims. They allege using the company’s talcum powder products can lead to an increased risk of ovarian cancer and mesothelioma.
BA data breach claim
In 2018, British Airways suffered a major data breach that compromised the personal and financial information of approximately 400,000 customers. In 2021, the British Airways data breach action was resolved on confidential terms following successful mediation and negotiation. Similar claims are currently underway against 23andMe, Capita, and Ticketmaster (amongst others).
Uber drivers’ claim
After the Supreme Court ruled that Uber drivers are workers, not self-employed contractors, thousands of claimants successfully made a group action case to seek compensation for unpaid wages. Similar claims are now being made by other couriers – including Bolt and JustEat.
Boundary fare claim
South West Trains has agreed to a £25 million settlement to compensate passengers who were overcharged between 2015 and 2017. The claim alleged that train operators failed to make cheaper “boundary fares” readily available to passengers holding London Travelcards. Anyone who used a travelcard on South West or Southeastern Trains during the affected period could be due a share of the compensation. A further claim has been filed against the Thameslink, Southern, Great Northern, and Gatwick Express routes.
Benefits of group legal actions
By pooling resources and presenting a united front, group legal actions often provide greater strength and bargaining power against large organisations. Group actions also allow claimants to share the costs of litigation, making it more affordable to pursue a claim. In addition, many law firms run group claims on a no-win, no-fee basis.
But participating in a group action involves specific compromises that may not suit everyone. So, how do you decide if it’s the right path for you?
Key considerations: Evaluating your situation
Before joining a group legal action, assessing whether your issue is suitable for a collective claim is crucial. Start by asking yourself these questions:
1. Is my issue part of a wider problem affecting many people?
Group legal actions are used where a single issue or grievance affects multiple people in the same way. For instance, if you purchased a product that turned out to be defective and others have experienced the same problem, a group claim might make sense. On the other hand, if your situation only affects you (e.g. you had an accident at work), pursuing a personal claim is more appropriate.
2. What are my goals?
Think carefully about what you hope to achieve. Are you primarily seeking compensation, or is your aim to hold a company accountable and create a broader impact? Group actions can be excellent for achieving collective compensation. But if your goal is a fast resolution or a specific personal outcome, an individual lawsuit might align better with your needs.
3. What type of resolution do I prefer?
Group legal actions often take longer to resolve due to the complexities involved. Settlements in these cases might also be structured differently, with compensation shared among a large pool of claimants. If your focus is on a quick outcome or compensation tailored to your specific needs, a group action might not be the best fit.
Personal suitability: Is a group action right for you?
Joining a group legal action is a big commitment, so it’s vital to weigh the personal implications:
1. Are you willing to commit time to the action
Group actions typically require less input than individual legal cases. But they still need your attention. When joining a group action, you might have to supply evidence, check legal agreements, provide a statement of fact, and review settlement offers. Legal proceedings can drag on for months or even years. Ensure you have the patience to see it through. Does the potential compensation justify the wait and effort involved?
2. Do you understand the costs
In group legal actions, claimants often share costs, making it an accessible way to get justice. However, keep in mind that participants may be responsible for a share of both side’s legal fees if their case is lost. The good news is that many law firms run group actions on a no-win, no-fee basis. So, there are no up-front costs and nothing to pay if you lose.
3. Are you happy to give up a level of control
Group legal actions involve collective decision-making. While sharing responsibility and effort can be beneficial, it also means relinquishing some control over critical decisions. For instance, settlements are usually decided by a majority vote or by representatives. Ask yourself if you’re comfortable with this loss of autonomy.
4. Are you happy sharing compensation?
In a group legal action, compensation is generally distributed among all participants. However, awards are often tailored to reflect the level of harm or loss groups of claimants have experienced. This ensures everyone receives a fair and proportional settlement if the case is successful.
Questions to ask before joining a group legal action
If you’re seriously considering joining a group legal action, it’s essential to clarify a few key points before proceeding:
1. Does the group action I want to join exist?
In some cases, you may be able to join an existing action rather than starting one from scratch, so start by finding out if there is an active group legal action that addresses your issue. Research ongoing cases or consult with a legal professional who can direct you to relevant lawsuits. Alternatively, websites like Join the Claim list a wide range of active group actions. You can easily browse, and filter claims based on your situation, and check your eligibility online.
2. What are my rights and obligations?
Before signing up to any group legal action, it’s always wise to ensure you understand your rights and obligations. Before you officially join the group claim, you’ll need to sign a legal agreement with the law firm running the case. This agreement outlines your rights and obligations as a claimant and the terms of the legal representation. If you have any questions or concerns about the agreement, seek clarification before signing. Understanding these terms will help set realistic expectations and prevent conflicts or disappointments.
3. Which law firm is running the claim? How experienced are they?
The skills and experience of the law firm managing the group action are crucial factors. A reputable, experienced firm will have the resources and expertise needed to handle complex cases and achieve better outcomes for the group. Research the firm’s history, track record, and past settlements in similar cases. Check out review sites, such as Trustpilot, Google Reviews and Review Solicitors, to gauge past claimants’ satisfaction with the firm’s communication and representation.
4. Is the group legal action no-win, no fee?
Many claims are structured as “no-win, no-fee” arrangements, meaning you won’t have to pay legal fees unless the claim is successful. However, it’s essential to confirm this arrangement and clarify any additional costs that may apply. Understanding the real cost of claiming will help you gauge if joining the action is worthwhile.
5. What will I have to pay if I win?
If the group action is successful, legal fees and other costs will typically be deducted from the final compensation amount. Find out the percentage or structure of these deductions upfront to ensure you’re comfortable with the net amount you’re likely to receive.
6. How will I stay informed throughout the claim process?
Group actions can be lengthy, and staying informed is critical. Make sure you know how updates will be communicated and what role you’re expected to play in the process. Being clear on these points will help you remain engaged and prepared for all eventualities.
Is group legal action right for you?
By pooling resources and sharing risks, group claims allow individuals to challenge powerful entities and secure compensation or changes that would be difficult to achieve alone. However, it’s not a one-size-fits-all solution. Take the time to assess your priorities, financial commitment, and willingness to navigate collective decisions. If you find that a group action aligns with your needs, it can be an effective way to pursue justice.
Interested in joining a group claim? Visit Join the Claim to explore active cases and see if you’re eligible today!