The Controversial Application of Collective Consumer Redress Judicial Procedures in the UK Context: Terminological and Conceptual Inconsistencies, Overlaps and Ambiguities

Abstract

The aim of this paper is to illustrate the controversial application of judicial procedures for collective consumer redress with reference to the English Civil Procedure Rules (CPR-Part 19 II-III: Rule 19.6- Representative Parties; Rule 19.10, 19.11, 19.12 Group Litigation) as well as to the UK primary legislation. An analysis based on the language of the official documents taken into consideration will reveal terminological and conceptual inconsistencies, overlaps and ambiguities which do not contribute to establish a clear distinction between different procedures and ensure the application of these procedures in order to provide consumers with clear, adequate means of judicial redress.