Law reform body proposes joint legal action system
Rules of the High Court should be reformed to allow individuals to unite to fight joint legal actions, legal experts claimed today.
The Law Reform Commission said giving people with similar claims the right to join forces would be more efficient, cut costs and free up court time.
The Commission recommended that the multi-party actions were needed to end the ad hoc approach to dealing with the demands of groups of litigants and a more structured approach should be made available.
Experts at the LRC said any reform in this area should be based on principles of procedural fairness, efficiency and access to justice.
There has been a huge increase in cases involving multiple plaintiffs with similar claims over the last decade.
Army deafness, claims over contaminated blood products and asbestos exposure and tobacco-related law suits are examples of the kind of litigation the Commission hopes will use the class action avenue.
The Commission put forward proposals for class actions in 2003 where experts insisted they would be more economical, effective and expeditious.
More than €30m in compensation has been paid out by the State in the past five years to Defence Forces personnel for injury and illness claims.
The settlements are separate from the long-running Army deafness claims controversy, which is expected to cost about €300m.
Elsewhere, the State is facing an action from prisoners seeking compensation over claims that they have been dehumanised by slopping out.
The Law Reform Commission examined models in Canada and Australia but chose to ignore the practices of the US in formulating its proposals for Ireland.
The report, which was launched by Mrs Justice Susan Denham, recommends:
Actions should only deal with common issues of individuals involved.
It would work on an opt-in basis where individuals must declare their desire to join an action.
Actions would be certified by a court before it is established.
It must offer a fair and efficient means of resolving the common issues.
A Multi-Party Action register would be set up containing a list of cases.
Costs associated with the MPA would be spread among its members equally.
Individuals eligible for legal aid would still be eligible for their costs to be covered.
