We have already discussed our position under Article 8 of the European Convention on Human Rights.
Of course, we can all make claims under the Act, but this is a piecemeal and fractured approach. Governments are unlikely to take much notice if all they have to do is to ‘bat off’ individual claims, with pay-outs of a few thousand pounds.
I would like to canvass the possibility of a class action.
A class action is where a group of litigants get together and make ONE claim, and all litigants then ‘surf in’ on that claim. So what would normally happen is that all cases would be collected together and analysed. Then, we would pick out a handful of cases where the mismanagement of those cases has been at its most woeful – where CAFCASS’s errors have been most blatant, and where the judges involved have been outstandingly useless.
Then a ‘lead case’ would be chosen – the strongest case with the most blatant errors by the family court system. That case would be tried, and an award of compensation made to compensate all claimants. That award would then be divided up between all complainants.
This has happened, for example, in the Benzodiazepine litigation.
I would like to consider this. Please contact us if you would like to be considered as a claimant in a class action like this.
Once we have a good level of interest, we would plan to interview solicitors that specialise in this kind of case, and see what could be done. Maybe nothing – we make no promises. But, if this is an idea that ‘has legs’ it would cost the UK Government £billions we suspect – a useful, and perhaps the best, way to get PA noticed, and possibly one of the routes we can take to help get something done . Sometimes, it’s only by hitting where it hurts – in the purse – that action gets taken…