Representative claims
Representative claims

The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:

  • Representative claims
  • Representative parties—CPR 19.6
  • What is the ‘same interest’?
  • Ascertainment of the class
  • Who is bound by a judgment in a representative claim?
  • Direction not to act as representative party
  • Derivative claims—CPR 19.9
  • Representative claims—specific circumstances
  • Distinction between representative action and group litigation
  • Practical tips in representative claims

Representative parties—CPR 19.6

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:

  1. 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)

  2. 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

  3. 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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