Harriet Campbell

This Practice Note provides a high level comparison of some of the different procedural mechanisms for claimants bringing civil group claims (also known as class actions or multi-party claims) in England and Wales. The different procedural routes include: adding multiple parties on a single claim form; proceeding with a sample or selection of lead claims; applying for the claims to be managed using a group litigation order (GLO) under CPR 19, or proceeding by way of a representative claim pursuant to CPR 19 where the individuals have the ‘same interest’ in a claim. This Practice Note considers the main differences between adding multiple parties on a single claim form (referred to as a ‘joint claim’), managing multi-party litigation under a GLO or proceeding by way of a representative claim.

This Practice Note provides an overview of the different procedural mechanisms for claimants bringing civil group claims (also known as class actions or multi-party claims) in England and Wales. The different procedural routes include: adding multiple parties on a single claim form; proceeding with a sample or selection of lead claims; applying for the claims to be managed using a group litigation order under CPR 19, or proceeding by way of a representative claim pursuant to CPR 19 where the individuals have the ‘same interest’ in a claim. It briefly addresses the requirements for each procedural mechanism, and the guidance given on suitability in case law. It also considers the advantages and disadvantages of each method and provides practical guidance on managing such claims.

This Practice Note considers a false statement of fact as one of the required elements of an actionable misrepresentation and covers express/implied representations, statements of intention, silence, materiality and the relevance of context in assessing such statements.