
Originally Posted by
colin3005
A class action is all well and good if everyone is in the exact same position, but they aren't. Some people will have the contracts mentioned above that state any changes have to be in writing & signed, some don't. Some will have bespoke deals (like me) which means there will be slightly different terms to what others are on. That complicates things.
However, there are pluses and minuses for both views. To me there are 4 types of people in this
1. Those who have the funds to take this further using legal representation, and claims can't be allocated to the small claims. It will be costly, even if they lose, they will most certainly appeal, and that means a not cheap barrister in the high court.
2. Those who have enough legal knowledge to take action themselves. But be warned it won't be easy.
3. Those who want to do something but don't have the funds, in which case joining with others is a good idea.
4. Those who's earning are so small it isn't worth doing anything.
There is no reason for anyone who actually gets to a courtroom to take a confidentiality clause. A court is extremely unlikely to order one as part of a judgement, and the only way its likely to come into play is if a settlement is done before a trail. In that case it wouldn't be precedent and no one else could use it anyway. If it does go to trial, then its a matter of public record, and it 'could' be used in future claims. I would certainly hope anyone who won an action would share the details with others, I would.
A class action, if it fails, means everyone loses in one fell swoop, but if succeeds then everyone wins, and would be used as a precedent for future cases, and don't forget you have 6 years to claim. Individual claims, you could have 5 lose and 5 win, and they 'can' be used in other cases, but don't have to be as each case will be slightly different.
Really it just depends on your point of view which way people go, but whichever way it won't be a simple case (which does not mean it won't succeed!)