Access to Justice: An Objective Or Incidental Effect of Class Actions?

• Author: Taylor Sheardown
• Pages: 85-107

85

“Access to Justice: An Objective or Incidental Ef‌fect of

Class Actions?”

Taylor Sheardown

AbstrAct: Access to justice is a foundational principle of our justice sys-

tem, and as such has been held by the courts to be an objective of class

actions that must be considered in every case. This essay explores the way

that access to justice is treated by counsel and evaluates whether access

to justice is really an objective of class actions or more accurately an inci-

dental ef‌fect. It concludes that access to justice is an incidental ef‌fect

because it is taken for granted as the outcome of any given class action.

In other words, it is assumed that just by bringing a class action, access

to justice will follow. The article then examines whether access to justice

is even achieved as an incidental ef‌fect and analyzes some problems that

indicate that access to justice is not being achieved to its fullest extent. It

provides a dual sided analysis by recognizing that based on the current

class action system there are barriers and limitations to the consideration

of access to justice and its attainment. Ultimately, the paper provides an

analysis of some of the problems in relation to access to justice and the

class action system.