Unclaimed damages in Guttman v SW Trains
The Competition Appeal Tribunal approved a £25m settlement in Gutmann v South Western Trains in May 2024, but the proportion of claimants collecting their share has been low. To us, this indicates a problem with access to justice – people have not come forward to collect what they are owed.
The Access to Justice Foundation is therefore pleased to have been invited by the Tribunal to make submissions on how unclaimed funds can have maximum impact.
How can unclaimed money from a case like this benefit people across the UK?
Access to justice is an urgent problem in the UK. 66% of adults have had a legal problem in the last four years. Yet over 14 million people living in poverty cannot access legal advice. Solving this problem can also support the wider UK economy. For every 500,000 people who receive free specialist legal advice, the Treasury could save £12 billion over the next ten years.
The causes that we support are all concerned directly with access to justice. The funding available from this case alone could support hundreds of specialist free legal advice providers. This, in turn, could help thousands of families facing eviction to keep their children in their home, enabling domestic violence survivors to access the specialist legal support they need to stay safe. We also ensure local community advice centres retain access to specialist staff in rural locations.
As a grant-making charity, we only fund organisations who will work effectively and efficiently with the grants they receive. We have the resources and expertise to explore the needs and gaps in provision to ensure that our grants are distributed to enable the greatest impact.
We’re currently working closely with partners like Consumer Voice, Which? and Citizens Advice to plan how any money received could be used and make sure every pound delivers a benefit to those most in need.
Our CEO Clare Carter said:
"We're pleased that stakeholders recognise our unique position and expertise in making good use of unclaimed damages. This approach ensures that collective actions deliver real benefits to the public, and we're able to work collaboratively to make sure these funds reach the people who need them most."
A hearing is scheduled for September where the Competition Appeal Tribunal will decide how the remaining settlement funds are allocated.
This case marks another important milestone in ensuring that collective redress not only holds companies accountable but also delivers real benefits to the public. We are proud to be a part of this and will continue to work with partners to ensure that any unclaimed settlement funds deliver meaningful, long-term impact.
This isn’t the first time we’ve been recognised for this role. In the landmark Merricks v Mastercard case, the UK’s largest collective action settlement at £200m, the Competition Appeal Tribunal confirmed us as the appropriate recipient for unclaimed funds. The Tribunal said we’re the right choice because we provide “assistance to a very wide range of bodies across the UK to help the disadvantaged pursue or protect their legal rights.”