Law reform body calls for 'class action' procedure

The Law Reform Commission has recommended that the High Court introduce a procedure to facilitate private multi-party legal actions…

The Law Reform Commission has recommended that the High Court introduce a procedure to facilitate private multi-party legal actions similar to class action suits in the United States.

In a report, the commission says the introduction of Multi-Party Actions (MPAs) would provide a more efficient procedure for "dealing collectively with cases that are sufficiently similar".

Such cases in Ireland are currently processed by way of test cases, but the commission said all parties involved would benefit from "a more structured approach".

Under the proposal, individuals with "common issues" could join a MPA group, but a general cut-off date for entry would be set by the court.

READ MORE

The commission says the MPA should operate on the basis of a opt-in system whereby individual litigants will be included in the group only where they decide to join the group action.

This would operate differently from the US class action in which individuals are deemed to be part of the suit unless they opt out.

The MPA would require certification by a court before it could become established, the commission recommended. Certification would only be granted "where it was considered to offer a fair and efficient means of resolving the common issues involved".

The commission also recommended the costs associated with the MPA be spread among its members equally.

"Where an individual member of the MPA would have been eligible as an individual litigant for civil legal aid, they should continue to be eligible for aid to the extent of their share of the costs under an MPA," it said.