The following IP Q&A produced in partnership with Kevin Leigh of No 5 Chambers provides comprehensive and up to date legal information covering:
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.
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:
it must (generally) be shown that all the members of the
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