Recently, the media has hinted at a possible class action for damages resulting from Equine Influenza.
This is not necessarily the best course of action for those affected. Suing Government successfully is notoriously difficult, whether based on negligence or breach of statutory duty. It is premature to be discussing a class action in the absence of any direct evidence of Government culpability for this outbreak.
Moreover, taking on Government in any form of court action now may cause it to resort to very defensive actions, which may deny those affected interim relief on the grounds that it would be evidence of liability.
There are other options available that will allow the payment of compensation by the Government without admission of liability. I
n fact, these options exist where the Government believes it is not legally liable, but its actions warrant payment of compensation.
Hunt & Hunt endorses the Government’s initiation of an inquiry and is supporting the industry through the process, particularly to ensure submissions include calls for compensation on a broad “no liability” basis.
Our priority is ensuring that those affected receive short-term relief, and are compensated for all financial loss ultimately suffered, without the need for expensive and time consuming litigation.
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