Representative Actions for the Protection of the Collective Interests of Consumers Act 2023

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PART 3

Representative actions

Representative action brought by qualified entity

19. (1) A representative action may only be brought before the Court by a qualified entity.

(2) Where it considers it appropriate to do so, the Court may deem a representative action admissible under this section where satisfied that the applicant in the action is a qualified entity.

(3) Subject to subsection (4), in the case of a cross-border representative action brought by a qualified entity referred to in paragraph (b) of the definition of that term in section 2 , the Court shall accept the inclusion of the name of the qualified entity in the list of designated qualified entities maintained by the Commission in accordance with Article 5(1) of the Directive as sufficient evidence that such qualified entity is entitled to bring a cross-border representative action before it.

(4) Subsection (3) shall not prevent the Court from examining whether the main purpose of the qualified entity referred to in section 8 (1)(b) justifies the qualified entity concerned taking a representative action in a particular case.

(5) A defendant trader in a representative action shall have the right to raise justified concerns to the Court regarding whether a qualified entity complies with the designation criteria.

(6) A qualified entity may within a single representative action seek either or both of the following reliefs:

(a) an injunction in accordance with section 23 ;

(b) redress measures in accordance with section 26 .

(7) Where a qualified entity seeks both reliefs referred to in paragraphs (a) and (b) of subsection (6) within a single representative action the Court may, where it grants both of the reliefs sought, provide that both of those reliefs may be contained in a single judgment.

(8) In any representative action brought in accordance with this Act, a qualified entity shall be the plaintiff in the representative action, and shall have all of the rights and obligations of a plaintiff in the proceedings.

(9) The consumers represented in a representative action shall be entitled to benefit from the outcome of the granting of any reliefs referred to in subsection (6).

(10) A qualified entity shall provide the Court with the following information:

(a) the sources of funding of the representative action;

(b) the nature of the claim and, in particular, the nature of an alleged infringement;

(c) the class or classes of consumers affected by the alleged infringement.

(11) A qualified entity shall provide the Court with sufficient information regarding the consumers referred to in subsection (10)(c) in order that the Court may assess the admissibility of the representative action concerned in accordance with this section.

(12) The Court may, on the application of a party to a representative action, or of its own motion dismiss a representative action which appears to the Court to be manifestly unfounded as soon as the Court has received the necessary information in order to make such a decision.

(13) The power conferred by subsection (12) to dismiss a representative action is without prejudice to any other discretionary power to dismiss an action which the Court may exercise at any time during the course of proceedings.