Post-Jackson could individuals wronged by Wonga secure access to the court at a reasonable cost, asks David Greene
As “class action” lawyers we are often approached by individuals on potential claims against corporations or public bodies. Someone asked me the other day about potential claims against Wonga following the FCA and company’s announcements of the writing off of a huge swathe of debt. I know not if a claim arises but if it does, how do the individuals secure access to the court at a reasonable cost?
A claim brought by a large group sharing the cost and liabilities might be seen as a reasonable way forward. Unfortunately, the post-Jackson world does not lend itself to such a collective approach leaving potential claimants without a reasonable remedy. The collective process we have is ad hoc and in a state of flux. For consumers with small absolute individual losses there is nowhere to turn unless a regulator intervenes as happened with the SWAPS mis-selling and to some extent in Wonga.
Finding a solution
We have no “class action” process; in that we do not allow
