Costs orders—group litigation claims
Costs orders—group litigation claims

The following Dispute Resolution guidance note provides comprehensive and up to date legal information covering:

  • Costs orders—group litigation claims
  • GLOs—what are they?
  • GLOs—relevant CPR provisions
  • GLOs—individual costs and common costs
  • GLOs—interim costs orders, interim payment on account and detailed assessment ‘forthwith’ orders
  • GLOs—enhanced hourly rates
  • GLOs—general costs rules apply
  • GLOs—who is the 'winning' party
  • GLOs—liability of the group litigants for costs
  • GLOs—costs budgeting
  • more

This Practice Note considers the issues relating to costs when dealing with litigation involving group litigation claims. These are claims which involve multiple parties and may or may not be the subject of a group litigation order (GLO). Where a GLO has been made specific CPR provisions apply. Where an order has not been made, authorities assist in understanding how the issue of costs will be addressed by the courts. This Practice Note looks at both scenarios. For GLOs it considers the CPR provisions being CPR 46.6 and CPR PD 19B, the differences between individual and common costs, the general rule as to costs as set out in CPR 46.6 together with the Court of Appeal approach set out in Ward v Guinness Mahon, which provides the courts with latitude in the application of the general rule. Examples of the approach of the courts in different cases are set out. In relation to group litigation claims in which there is no GLO, the Practice Note considers the issue of proportionality alongside the question of who is the successful party or winner for the purposes of group litigation. It also looks as judgments dealing with the determination of costs orders. The issue of funding is briefly touched on.

GLOs—what are they?

GLO cases involve a group of parties that come together