Aims & approach
CORLA’s primary aim is to promote and facilitate reforms and practice that provide effective and ever improving access to justice for claimants by way of collective redress.
In recent years there has been a focus on furthering collective redress in both the UK and the EU by lawmakers, the judiciary, legal practitioners, academics and funders. These stakeholders have tried to find ways to bring about more effective and efficient mechanisms to facilitate collective redress with varying degrees of success.
CORLA considers that a better understanding of the challenges faced by groups of claimants seeking to access the justice process, and the further development and expansion of collective redress in the UK, are not only desirable, but essential to the interests of justice. In this respect, CORLA’s approach to advocating for changes and improvements for collective redress are threefold:
First, to improve the existing structures for collective redress:
- There are features of each of the current procedural mechanisms for collective redress (Group Litigation Order, Competition Appeal Tribunal and CPR 19.6 representative actions) that can and should be improved.
- In consultation with key stakeholders CORLA will develop proposals in relation to each of the mechanisms for collective redress that it considers should be improved or modified.
- CORLA will offer a collective voice with regard to reforms of practice, legislation and regulations affecting collective redress. One example being the anticipated reforms to the much-criticised Damages Based Agreements (DBA) Regulations 2013.
Secondly, given the considerable advantages which opt-out redress offers to claimants, in particular in facilitating access to justice, CORLA will look at routes to expand the specific regime for opt-out redress currently applicable only to competition law, to additional areas of UK law and practice.
Thirdly, CORLA will look to other jurisdictions to make sure that the UK is aware of best practice elsewhere and is able to reflect that. CORLA will work to ensure that the UK’s collective redress regime sets the highest international standards.
How will CORLA go about achieving its aims?
- CORLA will offer an authoritative and responsible voice on issues relating to collective redress.
- CORLA will develop relationships with key stakeholders, including the Ministry of Justice (MOJ), Select Committees, the Civil Justice Council (CJC), the Judiciary, consumer advocacy groups and charities.
- CORLA will lead the debate on collective redress by engaging in relevant official consultations and providing comment and opinion on key developments and issues.
- CORLA will establish links with organisations in other jurisdictions which share CORLA’s aims, including those in the EU, USA, and other common-law jurisdictions to shine a light on best practice and learn from these jurisdictions.
Taking forward CORLA’s aims
The CORLA committee will focus on CORLA’s public policies and aims. It will canvas participation and engagement on topics from new members. It is recognised that this will be an ongoing process with the goal of identifying the issues that hinder collective redress and access to justice and the opportunities and means of affecting improvement and reform.