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收到一个邮件，说是HILUX, FORTUNER & PRADO DIESEL车主 对toyota的集体诉讼，需要参与吗？
A. SOME THINGS YOU SHOULD KNOW ABOUT THE CLASS ACTION
This class action, the Toyota class action, claims compensation (that is, money) for what are claimed to be defects in the diesel particulate filter (DPF) system in certain Toyota Hilux, Fortuner and Prado vehicles with a 1GD-FTV or 2GD-FTV diesel engine. It is claimed that these defects cause problems with the vehicles, including the emission of white smoke from the exhaust, blockage of the DPF, increased fuel consumption, and increased wear and tear on the engine.
The case is brought by Kenneth John Williams on his own behalf and on behalf of other persons who also own or have owned these Toyota vehicles (known as “group members”). The firm of solicitors running the case for Mr Williams and the group members is Bannister Law Class Actions, supported by Gilbert + Tobin Lawyers.
A company called Balance Legal Capital (Balance) is currently funding the case. This means that Balance has agreed to pay the costs of bringing this class action against Toyota in return for repayment of those costs plus a funding commission, should the class action be successful (that is, if money compensation is recovered from Toyota).
If you wish, you may now sign up to the class action in one of two ways:
by submitting your details to Bannister Law Class Actions, by entering into a retainer agreement with Bannister Law Class Actions and entering into a funding agreement with Balance (which will make you a “Represented Group Member”); or
by only submitting your details to Bannister Law Class Actions but not entering into a retainer agreement with Bannister Law Class Actions or a funding agreement with Balance (which will make you a “Registered Unrepresented Group Member”).
You do not need to sign up at this time to remain a group member. However, an aspect of the funding of this class action by Balance is that it can be withdrawn by Balance. The Court has been told that:
in considering whether this class action is commercially viable and whether to continue to fund the proceedings, Balance will take into account the number of Represented Group Members and the value of the claims of the Represented Group Members; and
Balance may decide to cease funding the proceeding if there are an insufficient number of Represented Group Members.
Group members are not, and will not be, liable for any “out of pocket” legal costs by remaining as group members in this class action. At present, the costs of running the class action are being paid by Balance.
If the class action is unsuccessful (that is, if no money compensation is recovered), group members will have no liability and will not have to pay anything.
If the class action is successful (that is, if money compensation is recovered), the Court may be asked to distribute the legal and funding expenses of the litigation among all persons who have benefitted from the class action. The effect of any such order, if made, would be that all group members who benefit from the litigation will pay a share of the legal and funding expenses of the litigation (including a reasonable litigation funding commission). This means that even those who do not sign up to a funding agreement might have to contribute to these expenses out of their share of the compensation to be received. A group member’s share of these expenses will be taken out of the money compensation to be paid to that group member by Toyota before that compensation is paid out.
As Balance’s continued involvement may depend on a sufficient number of group members entering into funding agreements, it is important that you take this matter into consideration when choosing between the three options set out below. |
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我家的猫（第二只喵进门了） (2017-11-15) 路天涯 
发表于 2020-11-20 11:24
