The High Court has found resoundingly in favour of the Southern Response Class Action group that two unhappy former members need to face their fee obligations with the litigation funder, LLS, through the proper channels.
The two members of the Class Action left the proceedings in an attempt to avoid their fee obligations to the funder but their attempt to become involved in the class action hearing on 19 October 2016 was wholly misconceived. Judge Gendall found that their arguments had no place in the hearing for the Class Action to be granted a representative order, saying:
“In my judgment, it could not said here that the intervener’s rights are, or may be, directly or indirectly, affected by the leave application.”
For Mr Kingham this seems to be yet another mistaken understanding by him as he confirmed to The Press earlier this week that part of his unhappiness about the fees was that he failed to look at the funding arrangements closely.
The judgment of the Court can be accessed here.
It is good the focus on the hearing on the 19th will now be on the key issues and the Class Action members’ need for access to justice.