I write regarding the recent news article 'Class actions will make claims easier' (see [2008] Gazette, 21 February, 8) in which you reported comments from Philippe Ruttley of Clyde & Co about the representative action taken by Which? against JJB Sports.


The article states that 'plenty' of affected consumers opted in to the action but that Clyde & Co 'cut off the list of named claimants at 400 to make the case controllable'. This is not in fact correct. All claimants who came forward to join the action were represented in the case, and there was no point at which we, or Clyde & Co, 'cut off' the list of claimants.



As your article reports, there were an estimated two million consumers affected by the price-fixing of football shirts by JJB Sports and others. The fact that the participants in the case were numbered in the hundreds is a direct result of the difficulties in bringing these types of compensation claims. The passage of time between the overcharging and the action, and the relatively small amount of compensation, being just two examples.



Despite this, the agreement reached with JJB Sports was a good deal for all of the affected consumers. Those who did not join the case still have the opportunity to claim £10 compensation by taking their shirt or proof of purchase into a branch of JJB Sports.



Dr Deborah Prince, head of legal affairs, Which?