At first glance, Homer's Odyssey has little to do with modern litigation. The story follows Odysseus' ten-year journey home from Troy, overcoming countless obstacles before finally achieving justice. Yet there are striking parallels with modern group actions, and the challenges claimants face today. If you have seen Christopher Nolan's recent adaptation, you may have noticed that The Odyssey is all about justice, perseverance and accountability that are ever present themes in modern legal systems.

Not quite reflecting the adventures of Odysseus, but the same principle applies, obtaining justice is rarely straightforward.

For consumers, securing justice can be a struggle, with its own Poseidon seeking to restrict access and Sirens tempting claimants away from an effective route to redress.  Many group actions arise because individual consumers have suffered losses which, in isolation, may not justify the cost and effort of bringing proceedings. By combining claims, those consumers can pursue a remedy collectively. The principle is simple. The reality is often less so. Funding, limitation, case management and procedural issues can make the road to trial long and expensive.

That remains particularly relevant following the Supreme Court's decision in PACCAR. The Court held that litigation funding agreements which entitle funders to a percentage of damages recovered are damages-based agreements and unenforceable unless they comply with statutory requirements that many agreements did not meet. The Government has committed to reversing the decision, but until reform takes effect, access to justice continues to depend upon funding structures that allow claims to be pursued efficiently and proportionately.

Like Odysseus, claimants may have a strong case but still face a long and difficult journey before reaching their destination.

The story also highlights the importance of collective action. Although Odysseus is the central character, he does not succeed alone. Throughout his journey he relies on allies, guidance and support. Modern group litigation operates in much the same way. Individuals are often able to challenge large corporations or financial institutions only because claims can be pursued collectively, supported by lawyers, funders and insurers.

There is also a lesson for those defending claims. The suitors who occupy Odysseus' home spend years assuming there will be no consequences for their conduct. They underestimate the ability of individuals to organise and act together. The same pattern can be seen in modern consumer disputes, from mis-sold financial products to data breaches and defective goods. Losses that may appear insignificant when viewed individually can create substantial liability when affected consumers combine their claims.

The legal system has evolved considerably since the age of Homer. Courts have replaced kings and procedural rules have replaced heroic contests. Yet the underlying challenge remains the same: how can those who have suffered a wrong obtain justice?

The answer, both in The Odyssey and in modern group litigation, lies not simply in the merits of the claim, but in ensuring there is a practical route by which justice can be achieved and in Odysseus’ case his return to Ithaca and his family.

If you or your business is considering a collective claim, or is facing one, our Group Actions team can advise on the practical options available, including funding, strategy and risk management.