Q&As

What are the requirements for an action to proceed in the UK where there are multiple claimants and one defendant?

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Produced in partnership with Kevin Leigh of No 5 Chambers
Published on LexisPSL on 04/09/2017

The following IP Q&A produced in partnership with Kevin Leigh of No 5 Chambers provides comprehensive and up to date legal information covering:

  • What are the requirements for an action to proceed in the UK where there are multiple claimants and one defendant?
  • Representative actions
  • Group litigation orders (GLOs)
  • Distinction between representative action and group litigation
  • Further reading

What are the requirements for an action to proceed in the UK where there are multiple claimants and one defendant?

This Q&A covers issuing of claims under any cause of action (not merely copyright infringement).

For the purposes of this Q&A we have focussed on class actions/multiple claimant joint proceedings/collective actions/representative claims and have focussed on Civil Procedure Rules 1998 (CPR 1998), SI 1998/3132.

CPR 19.1 permits any number of claimants (or defendants) to be joined as parties to a claim. Therefore, where there is more than one claimant, provided each claimant is a legal person and each claim can be conveniently disposed of in the same proceedings (CPR 7.3 for Part 7 claims and applied likewise in Part 8 claims by CPR PD 8A, para 4.1(1)), any claims can be included in the claim form.

Representative actions

If the potential number of claimants is very large, a representative claimant(s) can be nominated under CPR 19.6(1) and the judgment will bind all persons represented in the claim: CPR 19.6(4)(a).

Under CPR 19.6(1), 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

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