The following Dispute Resolution practice note Produced in partnership with Andrew Wilson provides comprehensive and up to date legal information covering:
It is worth noting that, subject to obtaining the appropriate consent (on which see: Application for a GLO), the court has the power to order a group litigation order (GLO) of its own initiative. That power is set out in CPR PD 19B, para 4 and the procedure is laid out in CPR 3.3. For more information, see Practice Note: Case management—court's powers—Dispute Resolution—Court acting on its own initiative—Rule 3.3.
However, in the majority of cases the impetus, and therefore the application for the GLO, will come from a party or parties.
An application for a GLO may be made at any time before or after any relevant claims have been issued and may be made either by a claimant or by a defendant (CPR PD 19B, para 3.1). However, parties should ensure that applications are not made prematurely as this may result in the GLO application being refused, as happened in Waterfield v Dentality. In this case, the application was made pre-issue and the court held that it was both inadequate and premature. This was because the claimants’ solicitors had failed to put before the court evidence that there were any potential claimants who seriously intended to proceed to litigation, let alone that there were a sufficient number of them to justify the making of a
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