47CCollective proceedings: damages and costs

1

The Tribunal may not award exemplary damages in collective proceedings.

2

The Tribunal may make an award of damages in collective proceedings without undertaking an assessment of the amount of damages recoverable in respect of the claim of each represented person.

3

Where the Tribunal makes an award of damages in opt-out collective proceedings, the Tribunal must make an order providing for the damages to be paid on behalf of the represented persons to—

a

the representative, or

b

such person other than a represented person as the Tribunal thinks fit.

4

Where the Tribunal makes an award of damages in opt-in collective proceedings, the Tribunal may make an order as described in subsection (3).

5

Subject to subsection (6), where the Tribunal makes an award of damages in opt-out collective proceedings, any damages not claimed by the represented persons within a specified period must be paid to the charity for the time being prescribed by order made by the Lord Chancellor under section 194(8) of the Legal Services Act 2007.

6

In a case within subsection (5) the Tribunal may order that all or part of any damages not claimed by the represented persons within a specified period is instead to be paid to the representative in respect of all or part of the costs or expenses incurred by the representative in connection with the proceedings.

7

The Secretary of State may by order amend subsection (5) so as to substitute a different charity for the one for the time being specified in that subsection.

8

A damages-based agreement is unenforceable if it relates to opt-out collective proceedings.

9

In this section—

a

“charity” means a body, or the trustees of a trust, established for charitable purposes only;

b

“damages” (except in the term “exemplary damages”) includes any sum of money which may be awarded by the Tribunal in collective proceedings (other than costs or expenses);

c

“damages-based agreement” has the meaning given in section 58AA(3) of the Courts and Legal Services Act 1990.