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—CPR 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
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Summary assessment—statement of costsSummary assessment is the procedure whereby costs are assessed by the judge who has heard the case or application (see Practice Note: Summary assessment). This Practice Note considers the use of a statement of costs in summary assessment. Form N260 is a model
Claiming negligent misrepresentation or negligent misstatement—practical considerationsA claim for negligent misrepresentation may often be brought alongside or in the alternative to a claim for negligent misstatement. It is therefore useful to understand the key practical considerations in respect
False imprisonmentLiabilityFalse imprisonment consists of the complete deprivation of liberty without a lawful basis. Claims will in practice be made against a public body that exercises detention powers, usually a local police force, the Secretary of State for the Home Department or the Secretary
Public inquiry procedureThe procedure by which a public inquiry is conducted will vary significantly from one inquiry to the next. Even for inquiries established under the Inquiries Act 2005 (IA 2005), the associated inquiry rules are not particularly prescriptive as to how they ought to be
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