The following Financial Services practice note produced in partnership with Chris Busby and Richard Bacon of Eversheds Sutherland (International) LLP provides comprehensive and up to date legal information covering:
This Practice Note examines Group Litigation Orders (GLOs) in the context of financial services disputes. It compares GLOs with:
other forms of multi-party litigation:
consolidation of actions (CPR 3.1(2)(g))
representative actions (CPR 19.6)
test cases following complaints to the Financial Ombudsman Service (FOS) (DISP 3.4.2 R)
the Financial Markets Test Case Procedure (CPR 63A)
collective proceedings for competition law breaches
collective redress that may be obtained through regulatory action by the Financial Conduct Authority (FCA) or Prudential Regulation Authority (PRA):
consumer redress schemes (FSMA 2000, s 404)
restitution orders (FSMA 2000, ss 382–384)
It also considers relevant case law and GLOs in practice.
GLOs were introduced in the Civil Procedure Rules (CPRs) 2000 following recommendations by Lord Woolf in his report on Access to Justice (1996). The objective was to provide means of achieving justice in cases involving multiple claimants or defendants, including those where individual losses are too small to justify separate action.
GLOs are opt-in proceedings, allowing claims with similar facts and issues to be dealt with collectively. Proposals to introduce opt-out group litigation in the Financial Services Act 2012 were not carried into effect.
A GLO is an order that provides for the case management of claims which give rise to common or related (but
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