Consumer Rights Act 2015

31After paragraph 15 insert—

“Fast-track procedure

15A(1)Tribunal rules may make provision in relation to a fast-track procedure for claims made in proceedings under section 47A of the 1998 Act, including describing the factors relevant to determining whether a claim is suitable to be dealt with according to that procedure.

(2)Tribunal rules may make different provision for claims in proceedings under section 47A of the 1998 Act which are and which are not subject to the fast-track procedure.

(3)Tribunal rules may, in particular, provide for the Tribunal to—

(a)grant an interim injunction on a claim in proceedings under section 47A of the 1998 Act which is subject to the fast-track procedure to a person who has not given an undertaking as to damages, or

(b)impose a cap on the amount that a person may be required to pay under an undertaking as to damages given on the granting of such an interim injunction.

(4)In sub-paragraph (3) “an undertaking as to damages” means an undertaking to pay damages which a person sustains as a result of the interim injunction and which the Tribunal considers the person to whom the injunction is granted should pay.

Collective proceedings

15B(1)Tribunal rules may make provision in relation to collective proceedings under section 47B of the 1998 Act.

(2)Rules under sub-paragraph (1) must in particular make provision as to the following matters—

(a)the procedure governing an application for a collective proceedings order;

(b)the factors which the Tribunal must take into account in deciding whether a claim is suitable to be brought in collective proceedings (but rules need not make provision in connection with the determination as to whether claims raise the same, similar or related issues of fact or law);

(c)the factors which the Tribunal must take into account in deciding whether to authorise a person to act as a representative in collective proceedings;

(d)the procedure by which the Tribunal is to reach a decision as to whether to make a collective proceedings order;

(e)the procedure by which a person may opt in or opt out of collective proceedings;

(f)the factors which the Tribunal must take into account in deciding whether to vary or revoke a collective proceedings order;

(g)the assessment of damages in collective proceedings;

(h)the payment of damages in collective proceedings, including the procedure for publicising an award of damages;

(i)the effect of judgments and orders in collective proceedings.

Collective settlements

15C(1)Tribunal rules may make provision in relation to collective settlements under sections 49A and 49B of the 1998 Act.

(2)Rules under sub-paragraph (1) must in particular make provision as to the following matters—

(a)the procedure governing an application for approval of a proposed collective settlement;

(b)where section 49B applies, the factors which the Tribunal must take into account in deciding whether to make a collective settlement order (but rules need not make provision in connection with the determination as to whether claims raise the same, similar or related issues of fact or law);

(c)where section 49B applies, the factors which the Tribunal must take into account in deciding whether to authorise a person to act as a settlement representative in relation to a collective settlement;

(d)where section 49B applies, the procedure by which the Tribunal is to reach a decision as to whether to make a collective settlement order;

(e)the factors which the Tribunal must take into account in deciding whether to approve a proposed collective settlement;

(f)the procedure by which the Tribunal is to reach a decision as to whether to approve a collective settlement;

(g)the procedure by which a person may opt in or opt out of a collective settlement;

(h)the payment of compensation under a collective settlement, including the procedure for publicising a compensation award.”