Frequently Asked Questions:

   

Hope this information helps from the Clerks at Celestial:

What is the Client Care letter with contract (sent from Celestial Chambers) if I register as a Group A or B?

The Client Care letters containing a contract are for a Public Access Scheme instruction direct to the barrister – i.e. you are instructing a barrister directly to carry out the work on your behalf. There are therefore no solicitor fees. Usually a member of the public has to instruct a solicitor who then instructs a barrister (creating 2 fees). Solicitors fees and expenses are almost always inevitably higher than a public access barrister (solicitor firms have massive overheads, a partner system of profits etc etc).

What is admin fee for?

The admin fee is necessary to cover expenses for each file (and legally necessary to form a contract – for those who know contract law it is called “consideration”).

What is the purpose of the group action?

The idea of the group action is for numbers to make one voice and have as much force as possible AND to make the legal action accessible and affordable for everyone.

What are the differences between Group A, B and C?

Group A – receiving fluoridated water supply already Sent Contract A £20 admin fee (£5 hardship) plus VAT (total £24 or £6)

Group B – in an area where fluoridation of the water supply has been announced – North East (also Greater London and Cornwall) Sent Contract B £20 admin fee (£5 hardship) plus VAT (total £24 or £6)

Group C – everyone else opposed to fluoridated water supply in England and Wales There are no contracts (or admin payment) currently for this group. Information is sent and the group are ready to join Group B if any further announcements of areas to be fluoridated and/or also to lend their support to the action. Group C contracts are likely to follow in future.

Why are Group A and Group B the current focus?

Focus is currently on Group A and Group B for obvious reasons. More Group B claimants are especially needed. There can never be too many Group A claimants…… surely those who are fluoridated want to be involved if they are aware of the toxicity of their water supply?! A limp LBA without force of the people is not the spirit of a group action…. The idea is to show the size, power and intention of the challenge against the fluoridation of England (and Wales). Group actions work!! Often all that is needed is the show of power 💥

Have the contracts been updated?

Since the target date of the LBA has been extended to allow further Claimants to join… New Contracts A and B have been drafted (we have listened to the feedback and tried to make them easier to follow).

Why does VAT apply, and why is the fee set at £24/£6?

Our barrister has to be VAT registered – therefore VAT has to be charged on the admin fee.

What if I need the hardship rate?

For hardship fee – speak to Joy and Joy will arrange with Clerks. A different contract (with the lesser sum) is then emailed – it’s £6 total as VAT has to be added to the £5 at 20%.

Why these specific fee amounts?

£20 and £5 were chosen for admin fees for simplicity as adding 20% makes round figures £24 and £6 and with no pence – which would have created too much faff for everyone. Originally the intention was for a total of £20 but it’s not possible to make that simple with 20% VAT included. It wasn’t to add extra revenue! The idea is to make the action as big as possible and, very importantly, accessible to all. Please note that no yachts or Ferraris have been purchased with the proceeds of the admin fees! 😂 Expenses and time spent have far outweighed the admin fees (and the admin job for such an action continues on for 7 years after the case ends under GDPR).

Who is behind this action?

Dr Zac Cox and Joy Warren are working Pro Bono – i.e. free – this resource should not be underestimated. 2 absolute legends who believe in the cause are behind this action. Both have been involved in challenging water fluoridation for years. Please note that they are both promoting the case, liaising with others and liaising with Louisa (the barrister) almost daily. Louisa (the barrister) is spending much time on this case rather than earning money on other (what would be far more lucrative cases). She is also paying clerks especially to deal with this case.

Will the money be used for other legal actions if this succeeds?

If the action snowballs (let’s hope so!!) to many claimants – there has already been an expressed intention by Louisa (the barrister) that funds will be put back into a pot for like challenges… there are many many group actions that could be taken if there is interest in acting as one voice.

What exactly is Stage 1, and will there be a Stage 2?

The only stage at this time is a letter before action (LBA). This letter is in accordance with the legal pre-action protocols to write to all parties before any claims are issued. The content of a LBA sets out what legal action will be taken should the recipients not take satisfactory action. There is therefore an intention to proceed against the recipients by those sending the LBA. Only if there is no satisfactory resolution as a result of the LBA, would there be a Stage 2 of legal proceedings. That would involve issuing a claim. That is not included in the contract and would be a separate next step. As we understand, Joy Warren intends to cover the legal costs of Stage 2, should it be necessary, by way of crowd funding. Celestial Chambers is not party to fund raising / crowd funding. There is no obligation to join any future stage, but it is obviously hoped that all those involved in this historic case would want to challenge any continued actual and/or proposed fluoridation plans in England. However, you are under no obligation whatsoever to join. Indeed, it is hoped that by showing strength in numbers – by collecting as many Claimants as possible in this first stage of a LBA, there will not be a need to take any formal legal proceedings. Power in numbers cannot be underestimated in group actions. The idea of this action is to make it affordable and accessible to all. The extension in target date to send the LBA is to enable the word to spread and gather momentum.

What happens if we need to go to court (Stage 2)?

There is also to be a crowd fund arranged so that any concerns about adverse costs – should the matter need to go further – i.e. issued at court – the claimants will be supported and any fears about costs can be addressed before they begin. This is the joy of group action – shared and powerful! Any funds raised by crowd funding and not required (hopefully zero required for this action) can then be used for like challenges.

Will I be at risk of legal costs or financial loss?

In other words: – No cost risk in Stage 1 – the LBA – Contracts are ONLY for Stage 1 – Crowd funding pot for adverse cost risk IF there is a Stage 2 required – Stage 2 is optional but hoped to be everyone in Stage 1 – the intention is, after all, to stop the fluoridation. If not now, when?!

Why not a “no win, no fee” approach?

It is not possible for a no win no fee on such a case by a Public Access Barrister – this is also not a case suing for damages. As a side note – solicitors firms also take a LARGE percentage of any damages for their fee when they win (and load all the expenses upfront to their firm) – so usually a win is mainly for the lawyer in a no win no fee case!

Which areas are currently fluoridated or at risk of fluoridation?

Register your interest