Group Litigation Orders—costs and qualified one-way costs shifting
Group Litigation Orders—costs and qualified one-way costs shifting

The following PI & Clinical Negligence guidance note provides comprehensive and up to date legal information covering:

  • Group Litigation Orders—costs and qualified one-way costs shifting
  • Costs
  • Timing
  • Conditional Fee Agreements (CFAs)
  • Group litigation orders—enhanced hourly rates
  • Group litigation orders—who is the winning party
  • Qualified one-way costs shifting (QOCS)
  • QOCS and Tomlin orders in multi-party claims

Costs

CPR 46.6(2) provides that generally group litigation costs are divided between the generic work which relates to the issues common to all of the group and the individual work being the work relating to the individual facts of a particular case. By way of example, in a pharmaceutical litigation case, the generic work would be proving that the product was defective while individual work would be the individual demonstrating the injury related to the product and the level of damages as appropriate. In cases where the court determines that one or more cases are to be test cases then the work on that case is for the benefit of all and will be generic work.

The generic work costs are known as the ‘common costs’ and are shared severally between all the claimants, usually on a quarterly basis. The purpose of common costs is to protect the group litigants from incurring unnecessary costs by the duplication of work between them. This is achieved by enabling the parties to take collective steps once only. All claimants share liability for the common costs for the period in which they are members of the group. There is an element of retrospectivity, because a claimant who joins the group late generally assumes their several liability for all of the common costs back to