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Feminism: Sex and gender discussions

Class action lawsuits?

7 replies

ZeldaFighter · 02/05/2023 13:47

I know this is an American thing but is this the way forward? To hold organisations to account, especially in sports?

I.E. take the UCI (cycling governing body) to court or Court of Arbitration for Sport for failing to police the women's category / failing to provide fair competition etc?

So could be supported by individual athletes or not without them risking their careers. I would help crowdfund that!!!

OP posts:
PSNonsense · 02/05/2023 13:48

I would too. It's ruining women's livelihoods.

Hagosaurus · 02/05/2023 14:13

I’d love to hear a lawyer’s view about this, I think it’s a good idea, but IANAL

dimorphism · 02/05/2023 14:28

I think class action lawsuits are the only way to be honest. The punishment a court case causes an individual is intense - only the bravest and most remarkable women with a significant financial safety net can withstand that (hats off to Maya, Allison etc). Vulnerable women on low incomes simply have no access to individual justice as far as I can tell, especially now that legal aid is virtually non existent for many.

Class action lawsuits provide some protection in that no one individual is the focus, there is a community around those involved far more so than individual cases and the risks are shared (risks such as media intrusion as well as financial).

dimorphism · 02/05/2023 14:30

One of the biggest harms the current legal system causes women in this situation is the length of time the court process takes - it's all very well if they win, but what are they supposed to do for income in the years it takes with all the publicity that entails?

LangClegsInSpace · 02/05/2023 17:54

I found this:

Class actions are not permitted in the United Kingdom per se although we do have collective forms of litigation available such as “Group Litigation Orders”.

https://www.emmlegal.com/publications/class-actions/

It looks like GLO's could possibly be useful but there's no automatic right to litigate as a group, you have to seek the court's permission.

Also, they're opt in rather than opt out so you couldn't bring a case on behalf of all female competitive cyclists, you'd need a group of women who had each opted in individually.

Do class actions exist in the United Kingdom? Not really! Should they? | Edmonds Marshall McMahon

What is a class action in the USA? A class action is a collective claim in which the court awards...

https://www.emmlegal.com/publications/class-actions

dimorphism · 02/05/2023 18:03

Well they can bring class actions in the USA at least which will be useful for all the children who grow up sterile as a result of surgery and blockers.

ZeldaFighter · 02/05/2023 22:28

LangClegsInSpace · 02/05/2023 17:54

I found this:

Class actions are not permitted in the United Kingdom per se although we do have collective forms of litigation available such as “Group Litigation Orders”.

https://www.emmlegal.com/publications/class-actions/

It looks like GLO's could possibly be useful but there's no automatic right to litigate as a group, you have to seek the court's permission.

Also, they're opt in rather than opt out so you couldn't bring a case on behalf of all female competitive cyclists, you'd need a group of women who had each opted in individually.

So just thinking about the case of the transgender sex offender housed in the domestic violence shelter in Leeds, potentially all of the residents could band together and sue the organisations who allowed it to happen??

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