Methods of Redress
Class Action Lawsuits
Class action lawsuits are currently not available in Irish courts
(explanation of Class Action Lawsuits below)
Instead, a range of procedural options are available to allow claims involving multiple parties to be litigated as private actions.
These include
(i) joining additional parties to an individual claim,
(ii) representative actions,
(iii) consolidation and co-ordinated hearings of separate actions and
(iv) test cases.
The Collective Redress Directive
In December 2020 the Department of Enterprise, Trade and Employment launched a public consultation on the implementation of the EU Representative Actions Directive (“the Directive”).
The Collective Redress Directive will allow “class action” style litigation for consumers in Ireland. It will cover instances where traders infringe EU law that harm or may harm the collective interests of consumers and this will require both legislative change and an updating of Irish Court Rules.
Ireland has until 25 December 2022 to adopt and publish measures to comply with the Collective Redress Directive, and must apply these measures from 25 June 2023.
A campaign is needed to ensure that the Collective Redress Directive is applied long before June 2023.
Information about Class Action Lawsuits
PLEASE NOTE: the explanation and text in the section below is taken from the website https://www.pila.ie/
What is a class action?
A class action is a proceeding taken by an individual or a small group on behalf of a defined ‘class’ of people. Class members will be a larger group of similarly aggrieved individuals.
Why are class actions useful?
Class actions facilitate a broader access to justice as they are an effective way for marginalised groups to vindicate their rights. Those who cannot afford to engage in litigation by themselves have the opportunity to have their grievances heard.
Class actions promote efficiency and stop a lot of time and money being wasted as, instead of many similar cases, the court only has to deal with one. Another advantage is that this creates greater consistency in the law.
Are class actions possible in Ireland?
There is a representative action procedure in Ireland, which allows one action to be brought to resolve issues on behalf of different parties with the same interest. However this procedure is extremely limited and is rarely used. It is not the same as class action procedures in other countries and does not promote access to justice.
Information about Class Action Lawsuits
PLEASE NOTE: the explanation and text in the section below is taken from the website https://bencrump.com/
Class action lawsuits provide harmed people with many benefits, such as allowing large groups of similarly affected people to come together and file a lawsuit against the same company. This provides strength in numbers for all of the people harmed, typically by large corporations, or businesses that have a vast reach.
These types of lawsuits support individual claimants who would otherwise not have the means to pursue a claim on their own. But when groups of people harmed by the same company come together and file as one group, they have the opportunity to hire an attorney to seek justice from the negligible party.
What Is a Class Action Lawsuit?
When a group of people who have been injured in a similar manner file a single lawsuit to seek compensation as a group, this is known as a class action lawsuit. You may also hear these types of cases referred to as “multi-district litigation” or “mass tort litigation.” Often, these cases are filed against manufacturers whose negligence caused injuries to consumers.
Why Do People File Class Action Lawsuits?
Class action lawsuits can give your seemingly small claim more opportunities when combined with other similarly affected people. In turn, class action lawsuits help the courts by not having to hear every single small claim that comes their way.
What Are the Benefits of Class Action Litigation?
When you pursue litigation during a class action lawsuit, it will not cost you nearly as much as if you attempted to file an individual claim. That is because all of the plaintiffs are splitting the costs equally. This helps to cut costs for all parties. Plaintiffs will likely also pay on a contingency fee basis, which means there are no fees unless you win the case.
After you spend thousands going up against a large company, your claim could end up only being worth a few hundred dollars. Class action lawsuits help victims avoid this risk.
How Can I Get Compensation with Class Action Lawsuits?
Once you have started a litigation process with the lead plaintiff taking legal action with your group’s attorney, the road to potentially earning financial compensation is easier for you and your loved ones.
Depending on the case’s judgment, the plaintiffs may receive awards for financial compensation. While class action lawsuits may include many plaintiffs, that does not stop each member from receiving damages.
When looking into financial compensation, it is important to consider when to sue the business with your fellow plaintiffs. That is because there is a risk of the company or defendant going bankrupt. You may want to try to join a class action lawsuit sooner than later, as the first group of plaintiffs to file may be the only ones who receive compensation.
How Do Class Action Lawsuits Work?
A class action lawsuit combines many claims into one, making the entire process much smoother and quicker for all parties involved. There will only be one judge operating under one courtroom.
During a class action lawsuit, the group of harmed people will assign their lead plaintiff to file the lawsuit on behalf of all party members. This lead plaintiff can also work alongside their lawyer during litigation and can communicate updates back to the entire group.
The lead plaintiff, or the class representative, allows the other party members to have a passive role throughout the litigation. This is efficient for the group’s attorney, too, who then only has to communicate with the class representative throughout the litigation.
How Do You File a Class Action Lawsuit?
To start or join a class action lawsuit, you will need to have a consultation with a lawyer who specializes in class action law to review your claim. If we determine you have a valid case, we will prepare and file a complaint on your behalf. We will guide you through the settlement process and fight to get you fair and adequate compensation.
How Do you Start a Class Action Lawsuit?
To start a class action lawsuit, your personal injury lawyer will file a claim with the court. In your claim, your attorney will formally request that the court certifies the potential claimants in your case as being their own class. Once that happens, other injured parties will be free to join your claim.