This Practice Note examines Group Litigation Orders (GLOs) in the context of financial services disputes and compares them with (i) other forms of multi-party litigation and (ii) collective redress that may be obtained through regulatory action by the Financial Conduct Authority (FCA) or Prudential Regulation Authority (PRA). It also considers the 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 not necessarily identical) issues of fact or law (the ‘GLO issues’), for example where claimants share the same cause of action. A GLO will not be available where there are no such common issues but, for example, simply a defendant who is liable to multiple claimants on separate
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