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The Government call for evidence on the opt-out collective actions regime closed in October last year, with almost 100 responses received. I welcome the input stakeholders have provided. We are committed to economic growth and robust competition enforcement, including private enforcement, which is good for businesses, consumers and the economy. A consultation will be published as soon as possible. My officials would be happy to work with the right hon. Gentleman to discuss this work further.
The Government call for evidence on the opt-out collective actions regime closed in October last year, with almost 100 responses received. I welcome the input stakeholders have provided. We are committed to economic growth and robust competition enforcement, including private enforcement, which is good for businesses, consumers and the economy. A consultation will be published as soon as possible. My officials would be happy to work with the right hon. Gentleman to discuss this work further.
When he plans to publish his Department's review of and consultation on the opt-out collective actions regime.
As the Minister says, it is really important that the collective regime continues—we have a great reputation globally for our opt-out regime. The litigation finance industry is vital to supporting claims from consumers. The Government said last year that they would proceed with a Bill to restore a legal issue following the PACCAR judgment, so does she have an update on when that Bill will come forward? It was not in the King’s Speech.
As the Minister says, it is really important that the collective regime continues—we have a great reputation globally for our opt-out regime. The litigation finance industry is vital to supporting claims from consumers. The Government said last year that they would proceed with a Bill to restore a legal issue following the PACCAR judgment, so does she have an update on when that Bill will come forward? It was not in the King’s Speech.
As the right hon. Gentleman knows, the PACCAR review involves complex issues, and it is important that we take the time needed to get it right. Great care is being taken to ensure that proposals for the opt-out collective actions balance the need to preserve a route to redress for consumers with ensuring a proportionate regime for business. As I said in my previous answer, officials would be happy to discuss this issue further with the right hon. Gentleman.
As the right hon. Gentleman knows, the PACCAR review involves complex issues, and it is important that we take the time needed to get it right. Great care is being taken to ensure that proposals for the opt-out collective actions balance the need to preserve a route to redress for consumers with ensuring a proportionate regime for business. As I said in my previous answer, officials would be happy to discuss this issue further with the right hon. Gentleman.
As the right hon. Gentleman knows, the PACCAR review involves complex issues, and it is important that we take the time needed to get it right. Great care is being taken to ensure that proposals for the opt-out collective actions balance the need to preserve a route to redress for consumers with ensuring a proportionate regime for business. As I said in my previous answer, officials would be happy to discuss this issue further with the right hon. Gentleman.
As the Minister says, it is really important that the collective regime continues—we have a great reputation globally for our opt-out regime. The litigation finance industry is vital to supporting claims from consumers. The Government said last year that they would proceed with a Bill to restore a legal issue following the PACCAR judgment, so does she have an update on when that Bill will come forward? It was not in the King’s Speech.
When he plans to publish his Department's review of and consultation on the opt-out collective actions regime.
When he plans to publish his Department's review of and consultation on the opt-out collective actions regime.
The Government call for evidence on the opt-out collective actions regime closed in October last year, with almost 100 responses received. I welcome the input stakeholders have provided. We are committed to economic growth and robust competition enforcement, including private enforcement, which is good for businesses, consumers and the economy. A consultation will be published as soon as possible. My officials would be happy to work with the right hon. Gentleman to discuss this work further.
To ask His Majesty's Government what assessment they have made of the protections available to consumers who seek compensation via class action lawsuits offered by lawyers and litigation funders.
To ask His Majesty's Government what assessment they have made of the protections available to consumers who seek compensation via class action lawsuits offered by lawyers and litigation funders.
The Government, in conjunction with other bodies such as the Civil Justice Council (a statutory advisory body), professional bodies and regulators, keeps the civil justice system and regulatory framework under review to ensure it is operating effectively, fairly and transparently.
Protections for consumers who seek compensation through collective action litigation are provided through the legal and regulatory framework governing legal services. The Solicitors Regulation Authority (SRA) independently regulates solicitors and most law firms in England and Wales, including those advising consumers in collective action claims, and requires them to comply with professional standards to protect consumers. This includes duties to act in clients’ best interests, to provide clear and transparent information about costs and risks, and for firms to maintain effective complaints-handling procedures to allow consumers to seek redress. Where appropriate, consumers can also refer their complaints to the Legal Ombudsman, which considers complaints about the standard of legal services provided.
We are aware of concerns around fairness and transparency in cases funded by third-party litigation funders, many of which are collective action cases. In light of these concerns, the Civil Justice Council carried out a thorough and wide-ranging review of litigation funding which has been critical in informing our policy development in this area. As recommended by the Council, we will introduce a new regulatory framework aimed at enhancing claimant protection, transparency, and the effectiveness of the litigation funding market. We recognise the critical role third-party litigation funding plays in access to justice. That is why we are committed to ensuring it works fairly for all. We will outline next steps in due course.
To ask His Majesty's Government whether they plan to review the law around class actions to establish a maximum on damages awarded and legal costs claimable.
To ask His Majesty's Government whether they plan to review the law around class actions to establish a maximum on damages awarded and legal costs claimable.
As a general rule, the appropriate damages to be awarded in individual cases are independently determined by the courts on the basis of the relevant law and evidence, once liability has been established. In England and Wales, costs follow the event.
The Government has no plans to establish a cap on damages or costs in collective actions generally.
The Department for Business and Trade recently issued a Call for Evidence on the opt-out collective actions regime in the Competition Appeal Tribunal.
The Civil Justice Council recently concluded a review of litigation funding which is a common form of funding in collective action claims. The Government is reviewing the Council’s report and will make an announcement in due course.
The Chancellor today set out the progress that has been made to deliver on the Government’s vision for ensuring regulators and regulation support growth. The government has published Regulation Action Plan – Progress Update and Next Steps, setting out how the government is going further to realise the vision we...
The Chancellor today set out the progress that has been made to deliver on the Government’s vision for ensuring regulators and regulation support growth. The government has published Regulation Action Plan – Progress Update and Next Steps, setting out how the government is going further to realise the vision we...
My hon Friend the Minister for Small Business and Economic Transformation (Blair McDougall MP) has today made the following statement.
The Chancellor today set out the progress that has been made to deliver on the Government’s vision for ensuring regulators and regulation support growth. The government has published Regulation Action Plan...
My hon Friend the Minister for Small Business and Economic Transformation (Blair McDougall MP) has today made the following statement.
The Chancellor today set out the progress that has been made to deliver on the Government’s vision for ensuring regulators and regulation support growth. The government has published Regulation Action Plan...
To ask the Secretary of State for Business and Trade, what assessment he has made with Cabinet colleagues of the potential impact of class action lawsuits on levels of (a) inward investment and (b) economic growth.
To ask the Secretary of State for Business and Trade, what assessment he has made with Cabinet colleagues of the potential impact of class action lawsuits on levels of (a) inward investment and (b) economic growth.
I engage regularly with both stakeholders and my Cabinet colleagues on a wide range of issues, including how we can prioritise and encourage economic growth.
The department’s remit is limited to collective actions brought in relation to competition issues. In that context, class actions can improve access to justice where bringing a claim would otherwise be impractical or unaffordable.
A robust competition regime, including a route that enables consumers (including businesses) to seek redress through litigation, facilitates consumer protection and encourages investment and growth.
To ask the Secretary of State for Business and Trade, what discussions he has had with (a) trade bodies and (c) businesses on the potential impact of class action lawsuits on levels of (a) inward investment and (b) economic growth.
To ask the Secretary of State for Business and Trade, what discussions he has had with (a) trade bodies and (c) businesses on the potential impact of class action lawsuits on levels of (a) inward investment and (b) economic growth.
I engage regularly with both stakeholders and my Cabinet colleagues on a wide range of issues, including how we can prioritise and encourage economic growth.
The department’s remit is limited to collective actions brought in relation to competition issues. In that context, class actions can improve access to justice where bringing a claim would otherwise be impractical or unaffordable.
A robust competition regime, including a route that enables consumers (including businesses) to seek redress through litigation, facilitates consumer protection and encourages investment and growth.
To ask the Secretary of State for Business and Trade, what assessment he has made of the potential impact of class actions on (a) businesses and (b) consumers.
To ask the Secretary of State for Business and Trade, what assessment he has made of the potential impact of class actions on (a) businesses and (b) consumers.
Supporting consumers (including businesses) in accessing redress is of the utmost importance to this Government, and how consumer protection could be improved is kept under regular review.
So-called ‘class actions’ are just one avenue for consumers to seek redress and can provide a helpful avenue to do so where many individuals have claims substantially similar in nature. My department’s remit is limited to collective actions brought in relation to competition issues, where this tool can improve access to justice where bringing a claim would otherwise be impractical or unaffordable.
To ask the Secretary of State for Justice, whether she had made an assessment of the potential merits of the use of mandatory mediation in (a) group actions and (b) class action claims.
To ask the Secretary of State for Justice, whether she had made an assessment of the potential merits of the use of mandatory mediation in (a) group actions and (b) class action claims.
The merits of mediation are considerable. It offers parties a swifter and less costly way to resolve legal disputes and can save parties the time and cost of going to court, thus saving sitting days and reducing the court backlog.
The Government has no plans to consider mandatory mediation at this time but continues to explore opportunities to expand the use of dispute resolution across the civil justice system.
Lords committee stage. Clause 1, as amended, agreed to. Clause 2 agreed to. Bill reported with amendments (HL Bill 72).
Lords committee stage. Clause 1, as amended, agreed to. Clause 2 agreed to. Bill reported with amendments (HL Bill 72).
Moved by
Lord Stewart of Dirleton
1: Clause 1, page 1, line 14, at end insert—
“(ia) where the litigant is a litigant in person, expenses incurred by that litigant, or”
Member's explanatory statement
This amendment ensures that the definition of litigation funding agreements includes agreements under which a funder agrees to fund expenses incurred...
Moved by
Lord Stewart of Dirleton
1: Clause 1, page 1, line 14, at end insert—
“(ia) where the litigant is a litigant in person, expenses incurred by that litigant, or”
Member's explanatory statement
This amendment ensures that the definition of litigation funding agreements includes agreements under which a funder agrees to fund expenses incurred...
My Lords, I will address Amendment 1 alongside government Amendment 2 in one moment. I need not repeat in detail why this Bill is important, as we debated it so recently, just two weeks ago at Second Reading, but I want to address some of the points raised. I wrote...
My Lords, I will address Amendment 1 alongside government Amendment 2 in one moment. I need not repeat in detail why this Bill is important, as we debated it so recently, just two weeks ago at Second Reading, but I want to address some of the points raised. I wrote...
My Lords, I will speak now because I have tabled the only non-government amendment before the Committee. It is a probing amendment.
The Minister, the noble and learned Lord, Lord Stewart, mentioned briefly the discussion about this Bill since the Second Reading debate—mostly in the context of the letter that he...
My Lords, I will speak now because I have tabled the only non-government amendment before the Committee. It is a probing amendment.
The Minister, the noble and learned Lord, Lord Stewart, mentioned briefly the discussion about this Bill since the Second Reading debate—mostly in the context of the letter that he...
My Lords, I will say a very few words that may help the debate. I wholly
support the government amendments spoken to by the noble and learned Lord; they clarify the Bill in a way that was required.
I will just go back to something the noble and learned Lord said...
My Lords, I will say a very few words that may help the debate. I wholly
support the government amendments spoken to by the noble and learned Lord; they clarify the Bill in a way that was required.
I will just go back to something the noble and learned Lord said...
My Lords, I rise very briefly, acutely aware of the legal weight in the Room, to which I add not a gram—although I cannot help noticing the gender balance. I apologise for not speaking at Second Reading. My noble friend Lady Jones of Moulsecoomb spoke in the Second Reading debate...
My Lords, I rise very briefly, acutely aware of the legal weight in the Room, to which I add not a gram—although I cannot help noticing the gender balance. I apologise for not speaking at Second Reading. My noble friend Lady Jones of Moulsecoomb spoke in the Second Reading debate...
My Lords, like others here today, I support the Bill and the amendments which the Government have laid. Like others, certainly including the noble Lord, Lord Carlile of Berriew, I am grateful for the Bingham Centre’s helpful briefing note. It sets out the issues clearly, in particular in respect of...
My Lords, like others here today, I support the Bill and the amendments which the Government have laid. Like others, certainly including the noble Lord, Lord Carlile of Berriew, I am grateful for the Bingham Centre’s helpful briefing note. It sets out the issues clearly, in particular in respect of...
My Lords, I thank the Government again for bringing this matter with such expedition before this Committee. I wish to make two observations. First, I warmly welcome the Constitution Committee’s report, which is helpful and will no doubt help the Government further on the retrospectivity point.
Secondly, I am glad that...
My Lords, I thank the Government again for bringing this matter with such expedition before this Committee. I wish to make two observations. First, I warmly welcome the Constitution Committee’s report, which is helpful and will no doubt help the Government further on the retrospectivity point.
Secondly, I am glad that...