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There is strength in numbers. Group or class actions can be a powerful tool in addressing wrongdoing and bringing justice and resolution to complex or challenging circumstances. It is a mechanism enabling access to justice, given that it empowers claimants with modest losses to come together to seek compensation, when it would be otherwise uneconomical to do so.

Litigating as a group also brings about speed and efficacy as it provides for the sharing of information, documentation, and the risks of bringing a case.  Efficiencies in the legal process can be achieved by recognition of the common questions of law and fact which prevent repetition of witnesses, experts, and issues. This in turn lowers the costs of litigation, which are shared amongst the whole group.

At Augusta, we are known for our knowledge and experience of all forms of collective redress whether it be by way of class actions, group litigation orders, representative actions, consolidated actions, or test cases in jurisdictions around the globe. Each should be approached differently – we are happy to discuss the benefits and drawbacks of each and advise on the best manner in which cases can be structured.

We also have significant experience in the funding of mass consumer actions. These are claims that are brought and funded on an individual claim basis as they lack the necessary commonality for a group or class action. These are typically cases that would not be viable for standalone financing but have sufficient factual similarity to allow for an overarching processing of the claims.

A funding facility can be provided to law firms and claims managers that work on a contingent fee basis, to provide cashflow on a monthly basis, designed for the specific requirements of the underlying case type. We provide innovative and bespoke solutions, where the funding terms can be based on either a case-by-case or portfolio basis.

Our deep understanding of the legal framework of collective redress and our financial expertise means that we know how to meet the challenges of structuring, launching, and supporting all types of group, class or consumer claims. We are therefore able to offer financial solutions for all types of group action covering a variety of industries and sectors and in all corners of the world.

Case Studies

Unequal pay litigation against various supermarkets
We are invested in the fight to bring various large supermarkets to account for a disparity in pay between male and female employees carrying out comparable jobs.

Tens of thousands of shop workers, who are mostly women, have brought separate proceedings against ASDA, Sainsbury’s, Morrisons and Tesco asking the court to confirm that the work they do is of “equal value” to that of warehouse workers, who are mostly men and who are paid up to £4 p/h more. The supermarkets face a bill for hundreds of millions in back pay.

Class action by the children of Kabwe
We are financing a class action brought against Anglo American South Africa Limited, a subsidiary of London-headquartered multinational mining company Anglo American Plc, in the High Court of South Africa. The class is comprised of children under 18 and women of child-bearing age who live in the regions surrounding the Broken Hill mine in the Kabwe region of Zambia.

Almost a century of lead mining and smelting has left a truly toxic legacy in the once-thriving region with evidence of mass lead poisoning and contamination causing physical, economic and environmental damage. Young children are particularly at risk of serious harm from exposure because their bodies and brains are still developing, as well as their propensity to ingest the toxic dust during play.

Unfair prejudice petition
We financed a large group of minority shareholders who successfully obtained a declaration from the court that the conduct of the majority shareholder was unfairly prejudicial to their interests and an order that they be bought-out at fair market value. The combined shareholding of the petitioners is estimated to be worth over $100m”.

Unfair prejudice petition
We financed a large group of minority shareholders who successfully obtained a declaration from the court that the conduct of the majority shareholder was unfairly prejudicial to their interests and an order that they be bought-out at fair market value. The combined shareholding of the petitioners is estimated to be worth over $100m”.

Dieselgate emissions cases
We are funding the costs of claims by German consumers against various car manufacturers that fitted diesel emissions test cheat devices into vehicles. Volkswagen has already settled billions of dollars of damages for US claimants, and face claims worth billions of pounds across Europe.

Pension transfer claims
We have financed thousands of claims by individuals arising from unsuitable advice from FCA-regulated entities in relation to transfer of their pension arrangements and investments. Claimants are entitled to recover investment losses suffered as a result of transferring to high-risk, illiquid and inappropriate investments that were unsuitable for their retirement needs and risk appetite.

Undisclosed Commission litigation
We have financed a portfolio of cases by individuals in relation to financial products, from credit cards to loans, that included hidden commission payments that were not disclosed to borrowers by the lender. Following the precedent set by the Supreme Court case of Plevin v Paragon Personal Finance Limited and other subsequent cases, many thousands of customers have been able to recover damages relating to the commission element of their financial product.

Group & Class Actions Team

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