Consumers must be at the heart of any new class actions regime, the Law Society has told the Law Commission’s consultation into possible expansion of the current collective redress scheme. 'There is a public interest in holding businesses and other entities to account where individual consumer losses are too small to make litigation economically viable, but the aggregate impact of the underlying conduct is significant.' 

If a new consumer class action regime is introduced, the Society said, the whole range of existing routes to resolve disputes should be considered. It asked for clarification on why the commission's consultation focuses on an 'opt-out' regime rather than an 'opt-in'. 

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The reponse also notes that the Solicitors Regulation Authority is already working on issues rased by high volume consumer claims in the wake of the high-profile collapse of SSB Law. 'The Law Commission should make sure to work with the SRA,' it states.

To the Law Commission's proposal that undistributed funds from mass claims be distributed to groups such as Which?, the Society states: 'Our view remains that undistributed funds (whether settlement or damages funds) should be used for access to justice purposes.'

Brett Dixon, Law Society president, said: 'At the heart of every mass claim are a group of individuals who cannot otherwise access justice where a wrong has been done on a substantial scale. They can also ensure that companies seeking to profit from malpractice are held to account.

'Any new regime must ensure transparency so consumers understand the process and can get compensation quickly. It must also include safeguards so claims are handled fairly and effectively for both claimants and defendants. 

'Consumers bringing mass claims may already be vulnerable and seeking compensation for harm caused by large organisations. Any class actions regime must make it easier for meritorious or valid claims to be brought and resolved efficiently.'