Residents put class actions case

Published on Tuesday 3 March 2009 23:32

MEMBERS of a residents' association yesterday called on MSPs to change the legal system to allow people to join together and take class actions to court.

Leith Links Residents' Association (LLRA) said it was "highly unjust" that England and the United States allow class actions but Scotland did not.

Campaigners said that, if the law is changed, it could pave the way for action groups, including Royal Bank of Scotland shareholders, to pursue justice.

Peter Brown, spokesman for LLRA, said they had submitted a petition because they had no means of taking collective action against Scottish Water for what they term the "Seafield stench".

The residents' group says the smell from the Seafield sewage works has affected the quality of their lives for years.

Mr Brown said: "The LLRA have not found the present democratic system to be particularly supportive of groups such as ourselves who have endured years of misery due to poor infrastructure and mismanagement of Seafield sewage works."

He told the Holyrood Public Petitions Committee that the need for a class action procedure was highlighted by Ian Hamilton QC, who launched an unsuccessful small claims procedure against Royal Bank of Scotland over its recent rights issue.

"The community of Leith surrounding the Seafield sewage works has in the past had to drop legal action against Scottish Water for similar reasons," he said.

The residents were backed by Shirley-Anne Somerville, SNP MSP for Lothians region, and Malcolm Chisholm, Labour MSP for Edinburgh North and Leith.

Ms Somerville told the committee: "It does seem a great example of the legal establishment deciding it might be too much hassle for the legal establishment to have this in place."

The issue is being considered as part of a review of Scottish civil law chaired by Lord Gill.