VocabuLaw

Group Litigation

What is it and what does it mean?

Description of the legal term Group Litigation:

Group litigation in the UK legal system refers to a procedure where multiple claimants with related or similar claims bring their cases to court in a collective action. This is often done in instances where there may be common or related issues of fact or law, making it more efficient for them to be heard together rather than in separate lawsuits.

The process is governed by Part 19 of the Civil Procedure Rules (CPR) and is known formally as a Group Litigation Order (GLO). A GLO is made by the court to allow claims that share common issues to be managed collectively. The claims within a GLO are known as a “group register” and the individual claimants are referred to as “group members”. To be eligible for a GLO, these claims must give rise to common or related issues of fact or law that are significant to all the claims in the group.

One key advantage of this approach is that it streamlines the legal process. It helps in the efficient management of the case by combining resources, pooling evidence, and saving on legal costs. Furthermore, it allows the courts to deliver consistent rulings across similar cases, thereby promoting fairness and legal consistency.

The judge assigned to a GLO will manage the proceedings and is responsible for ensuring that the case moves forward effectively. This process can include establishing a timetable for the litigation, identifying lead or test cases that will be heard first to resolve common issues, and making decisions on how the group litigation is to be funded. The judgment in the lead or test cases serves as a guide for the resolution of the remaining claims and may help facilitate settlements.

Group litigation is particularly useful in cases such as consumer disputes, environmental actions, competition law claims, and mass tort cases involving a large number of individuals who have suffered harm from the same source. By combining the strength of multiple claimants, it can also level the playing field against larger, well-resourced defendants, such as corporations or government bodies.

The judiciary plays a crucial role in managing the complex process of group litigation to ensure that it is conducted in a way that is just and efficient. Judges must balance the need for individual justice for each claimant with the collective interests of the group.

Legal context in which the term Group Litigation may be used:

One prominent example of group litigation is the case against the pharmaceutical company relating to the drug Thalidomide, which caused widespread birth defects in the 1950s and 1960s. The victims’ families joined forces to sue the drug manufacturers and eventually reached a settlement. The group litigation approach was crucial in this instance to represent the numerous affected individuals and families who would have struggled to take on the pharmaceutical giants individually.

Another example includes the various GLOs established in response to the mis-selling of financial products. Hundreds of thousands of consumers were sold financial products, such as payment protection insurance (PPI), that were not suitable for their needs. The group proceedings allowed these consumers to collectively seek compensation from the banks and financial institutions that mis-sold these products. This collective approach resulted in significant recoveries for a large group of individuals who may have found it cumbersome or daunting to sue on their own.

The development of group litigation reflects the evolution of the legal system in recognizing and serving the needs of individuals who face common legal issues. The ability to join forces not only enhances access to justice but also promotes efficiency within the judicial system, preventing a multiplicity of individual claims clogging the courts. This procedural mechanism ensures that the courts can effectively manage cases that involve complex and widespread disputes, providing a pathway for groups of individuals to assert their rights and seek redress against more powerful opponents. Thus, group litigation has become an instrumental feature of the modern British legal landscape, favoring both the efficient administration of justice and the collective empowerment of claimants.

This website is for informational purposes only and may contain inaccuracies. It should not be used as a substitute for professional legal advice.