Whilst driving through the US recently, it didn’t take long to be reminded that litigation is big business in the States. Adverts for litigation lawyers are dotted along the freeways; promising big payouts for multiple plaintiffs and “guaranteed” success. In the UK, this sort of litigation culture is more associated with personal injury and medical negligence claims. “No win, no fee” cases as they are often known, and the lawyers who specialise in them are often unfairly labelled as “ambulance chasers” by the snottier parts of the legal profession.
But what about in Jersey?
Firstly, there are plenty of good litigation lawyers in Jersey. Many specialise in trust litigation, advising on the large number of trust disputes in the Island. This is no surprise given the prevalence of fiduciary businesses and the substantial fees that these cases pay. But there are also specialist criminal and family litigation lawyers and those who are able to offer a broader range of specialisms.
However, the US culture of litigation has never really existed in Jersey. Of course, there are firms who will offer personal injury services on a no win, no fee basis but class actions have largely been unheard of in the Jersey courts. Although in the last few months a number of local firms have advertised themselves as the “go to firm” in relation to a class action against the States of Jersey and specifically patients of the Hospital who have been wrongly prescribed medication. We make no comment on the merits of those claims nor the individuals involved on either side. What is of interest to us, is to see how or if the landscape of Jersey litigation will change as a result of this potential class action.
If these plaintiffs are successful, will Jersey see a move towards billboards with Jersey litigation lawyers’ faces emblazoned across them saying “You hurt, we fight”? I hope for the public’s sake the answer is no. That being said there should be no reason why, if a group of individuals has been wronged and they have the basis for a successful claim, that they should be prevented from joining together in a class action. Ultimately this reduces legal fees for each individual concerned, it should reduce the exposure that these individuals would otherwise have to adverse costs orders and a class action should also save the Court’s time. All of these are good things.
We understand that litigation is expensive. Unaffordable for many. That is why we strive to give straightforward and balanced advice. Often clients want to issue proceedings and get straight into Court but the best advice is always to effectively manage, consider and evaluate all options before doing so. Unfortunately we cannot promise the “guaranteed successes” our US litigation counterparts apparently can. What we can promise is that we give commercially astute advice which balances the risks against the potential rewards.
Mark Boothman
Partner