The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:
Under CPR 19.6(1), a claim may be begun, or the court may order that a claim be started or continued by or against one or more person with the same interest in that claim as representatives of any other persons who have that interest.
For a claim to be a representative claim:
it must (generally) be shown that all the members of the class on whose behalf the representative party sues (or defends) had a common interest in a common subject matter, that all had a common grievance and that the relief was in its nature beneficial to them all (Emerald Supplies v British Airways)
it must be possible to say, at any stage, whether persons whom the claimant purports to represent all have the same interest at that stage (Emerald Supplies v British Airways and Millharbour Management v Weston Homes)—see: Ascertainment of the class
showing that all members of the class have the ‘same interest’ is a threshold point that must be established and the requirement is fundamental (Lloyd v Google and Millharbour Management v Weston Homes)—see: What is the ‘same interest’?
The existence of a claim for individual relief, whether by the claimant or defendant, is not automatically a bar to the use of representative proceedings; the court will focus on the likelihood of such issues being raised and whether they alter
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