Chief Ombudsman of the Ombudsman Service Lewis Shand Smith assesses the major shifts being felt across the civil justice landscape in the UK, in this policy brief published in association with Ombudsman Services.

The policy brief explores the implications of the recent European Commission Directive 2013/11/EU, due for implementation before the next UK general election in 2015, which requires Alternative Dispute Resolution (ADR) entities to be available for all business-to-consumer disputes.

This Policy Brief summarizes the findings of a joint project between Oxford University and the Catholic University of Leuven aimed at evaluating different mechanisms for delivering collective redress. It identifies eleven principles for market regulation, and the three principal goals for collective redress of delivering compensation, affecting the future behaviour of markets, and achieving these goals in a timely and cost-efficient way. 

There is a consensus in Europe that collective action mechanisms need to include correct safeguards in order to prevent abuse. This policy brief gives an overview of the main types of safeguards that are found in collective judicial procedures. It draws on extensive research into class action and collective redress laws across the world.

Four consequences need to be understood in forming policy on collective actions:

A proposal for an alternative approach to ensure the rapid resolution and redress of cases involving the families of infants injured at birth. This policy brief outlines a governance and operating model for the Rapid Resolution and Redress Scheme for serious birth injuries, including a fully costed business process for its delivery.