Court approves Southern Response Class action to proceed

Court approves Southern Response Class action to proceed

A group of policyholders had their application approved by the High Court today to proceed with a representative action against their insurer, Southern Response. Gendall J was satisfied that the strategy employed by Southern Response provided a common “spine” to all of the Group’s members and “if substantiated at trial… might well constitute a breach of Southern Response’s express obligations under each policy.”

“I accept that the common interest pleaded by the plaintiffs now that Southern Response engaged in a deliberate “strategy” designed to deceive policyholders and delay claims with a view to reducing the financial liability that Southern Response might have to its policyholders is a proper one of a r 4.24 representative action.” “A reasonable argument exists, as I see it that it is in everyone’s interests, including the plaintiffs’ group, other parties, and indeed Southern Response, to have this matter properly ventilated and determined before the Court.” Grant Cameron of GCA Lawyers, solicitor to the plaintiffs, says his clients are “thrilled with the outcome and are looking forward to early progress”.

“They now have the way forward needed to achieve a fair and reasonable resolution.” A Court sanctioned opt in order has also been granted, allowing other Southern Response policyholders until 16 April 2017 to join the class action if they wish to.

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