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K12.3. The CPR Group Litigation Order provisions
| 391. | The CPR have now sought to address multi-party litigation by creation of procedures where the court makes a Group Litigation Order ("GLO"). This is defined (Note 333) as "an order made under rule 19.11 to provide for the case management of claims which give rise to common or related issues of fact or law ('the GLO issues')". |
| 392. | CPR 19.11 empowers the court to make a GLO "where there are or are likely to be a number of claims giving rise to the GLO issues." Guidance is given by the relevant Practice Direction as to the information required on an application for a GLO. (Note 334) Where the court decides to make a GLO of its own initiative, the Practice Direction provides that consent of the relevant senior judge should first be obtained. (Note 335) |
| 393. | Once a GLO is made, the procedure envisaged by the CPR may be summarised as follows :- |
| * | The GLO itself specifies the GLO issues which in turn identify the cases which will be part of the group. It also specifies the court which will manage the case and directs establishment of a group register. If other cases have been started, the GLO may order them to be transferred to the management court or stayed until further order or entered on the group register. It may also set a date by which claims raising one or more of the GLO issues should be started in the management court and entered on the register. (Note 336) | |
| * | The judge exercises case management using, in addition to the usual powers of the court, powers expressly conferred by CPR 19.13 to give directions :- |
| "(a) | varying the GLO issues; | ||
| (b) | providing for one or more claims on the group register to proceed as test claims; | ||
| (c) | appointing the solicitor of one or more parties to be the lead solicitor for the claimants or defendants; | ||
| (d) | specifying the details to be included in a statement of case in order to show that the criteria for entry of the claim on the group register have been met; | ||
| (e) | specifying a date after which no claim may be added to the group register unless the court gives permission; and | ||
| (f) | for the entry of any particular claim which meets one or more of the GLO issues on the group register." |
| 394. | The Practice Direction supplements those case management powers with other powers designed to facilitate the proceedings. For instance :- |
| * | The court may give directions "about how the costs of resolving common issues or the costs of claims proceeding as test claims are to be borne or shared between the claimants on the Group Register." (Note 337) | |
| * | "Group Particulars of Claim" may be filed containing general allegations relating to all claims and a schedule relating to specific claimants.(Note 338) | |
| * | Directions may be given for the trial of common issues and separate directions for the trial of individual issues. (Note 339) |
| 395. | The effect of proceedings conducted pursuant to a GLO is provided for by CPR 19.12 as follows:- |
| "(1) | Where a judgment or order is given or made in a claim on the group register in relation to one or more GLO issues - |
| (a) | that judgment or order is binding on the parties to all other claims that are on the group register at the time the judgment is given or the order is made unless the court orders otherwise; and | ||
| (b) | the court may give directions as to the extent to which that judgment or order is binding on the parties to any claim which is subsequently entered on the group register. |
| (2) | Unless paragraph (3) applies, any party who is adversely affected by a judgment or order which is binding on him may seek permission to appeal the order. ......" |
| 396. | Special costs rules apply where a GLO has been made. CPR 48.6A distinguishes between "individual costs" and "common costs", the latter being defined to mean the costs incurred in relation to the GLO issues, incurred in a test claim, and incurred by the lead solicitor in administering the group litigation. As a general rule, common costs incurred are shared equally among members of the group. Each member is to pay the individual costs of his own claim. Where necessary, the court can apportion particular costs orders between common and individual costs. |
Notes
| 333 | By CPR 19.10. <back> |
| 334 | 19BPD §3.2: as to the nature of the litigation, number and nature of claims already issued, number of parties likely, the GLO issues, whether there are sub-groups. <back> |
| 335 | 19BPD §3.3 and §4. <back> |
| 336 | CPR 19.11(2)-(3). <back> |
| 337 | 19BPD §12.4. <back> |
| 338 | 19BPD §14. <back> |
| 339 | 19BPD §15.1. <back> |
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