The Civil Procedure Rules 1998

[F1 [F2 III GROUP LITIGATION E+W

Textual Amendments

F1 Pt. 19 substituted (2.5.2000) by The Civil Procedure (Amendment) Rules 2000 (S.I. 2000/221), rule 1(b), Sch. 2

F2 Rules 19.9-19.9F substituted for rule 19.9 (1.10.2007) by The Civil Procedure (Amendment) Rules 2007 (S.I. 2007/2204), rule 1, Sch. 1 (with rule 21)

Definition E+W

[F3 19.21.]   A Group Litigation Order (“GLO”) means an order made under rule [F4 19.22] to provide for the case management of claims which give rise to common or related issues of fact or law (the “GLO issues”).

Textual Amendments

F3 Rule 19.10 renumbered as rule 19.21 (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 12(22)

F4 Word in rule 19.21 substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 12(22)

Group Litigation Order E+W

[F5 19.22.]— (1) The court may make a GLO where there are or are likely to be a number of claims giving rise to the GLO issues. [F6 The multiple parties may be claimants or defendants.]

([F7 Practice Direction 19B] provides the procedure for applying for a GLO [F8 where the multiple parties are claimants] )

(2) A GLO must—

(a) contain directions about the establishment of a register (the “group register”) on which the claims managed under the GLO will be entered;

(b) specify the GLO issues which will identify the claims to be managed as a group under the GLO; F9 ...

(c) specify the court (the “management court”) which will manage the claims on the group register[F10 ; and]

[F11 (d) be made in the King’s Bench Division with the consent of the President of the King’s Bench Division; in the Chancery Division with the consent of the Chancellor of the High Court; or in the County Court with the consent of the Head of Civil Justice. Such consent will be sought by the court to which the application for the GLO is made.]

(3) A GLO may—

(a) in relation to claims which raise one or more of the GLO issues—

(i) direct their transfer to the management court;

(ii) order their stay ^(gl) until further order; and

(iii) direct their entry on the group register;

(b) direct that from a specified date claims which raise one or more of the GLO issues should be started in the management court and entered on the group register; and

(c) give directions for publicising the GLO.

Textual Amendments

F5 Rule 19.11 renumbered as rule 19.22 (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 12(23)

F6 Words in rule 19.22(1) inserted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 12(23)(a)

F7 Words in rule 19.11 substituted (6.4.2010) by The Civil Procedure (Amendment No.2) Rules 2009 (S.I. 2009/3390), rules 1(2), 13(c)

F8 Words in rule 19.22 inserted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 12(23)(b)

F9 Word in rule 19.22(2)(b) omitted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 12(23)(c)(i)

F10 Word in rule 19.22(2)(c) substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 12(23)(c)(ii)

F11 Rule 19.22(2)(d) inserted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 12(23)(c)(iii)

Effect of the GLO E+W

[F12 19.23.]— (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 [F13 them] may seek permission to appeal the order.

(3) A party to a claim which was entered on the group register after a judgment or order which is binding on [F14 them] was given or made may not—

(a) apply for the judgment or order to be set aside^(gl), varied or stayed^(gl); or

(b) appeal the judgment or order,

but may apply to the court for an order that the judgment or order is not binding on him.

(4) Unless the court orders otherwise, disclosure of any document relating to the GLO issues by a party to a claim on the group register is disclosure of that document to all parties to claims—

(a) on the group register; and

(b) which are subsequently entered on the group register.

Textual Amendments

F12 Rule 19.12 renumbered as rule 19.23 (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 12(24)

F13 Word in rule 19.23(2) substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 12(24)(a)

F14 Word in rule 19.23(3) substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 12(24)(b)

Case management E+W

[F15 19.24.]   Directions given by the management court may include 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.

F16 ...

Textual Amendments

F15 Rule 19.13 renumbered as rule 19.24 (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 12(25)

F16 Words in rule 19.24 omitted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 12(25)

Removal from the register E+W

[F17 19.25.]— (1) A party to a claim entered on the group register may apply to the management court for the claim to be removed from the register.

(2) If the management court orders the claim to be removed from the register it may give directions about the future management of the claim.

Textual Amendments

F17 Rule 19.14 renumbered as rule 19.25 (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 12(26)

Test claims E+W

[F18 19.26.]— (1) Where a direction has been given for a claim on the group register to proceed as a test claim and that claim is settled, the management court may order that another claim on the group register be substituted as the test claim.

(2) Where an order is made under paragraph (1), any order made in the test claim before the date of substitution is binding [F19 in] the substituted claim unless the court orders otherwise.]]

Textual Amendments

F18 Rule 19.15 renumbered as rule 19.26 (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 12(27)

F19 Word in rule 19.26(2) substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 12(27)