Issuing claims—safety in numbers (Abbott v Ministry of Defence)

Article summary

PI & Clinical Negligence analysis: This appeal judgment of the Divisional Court deals with the permissibility of issuing more than one claim on a single (group) claim form. It provides guidance on the procedure to be adopted when issuing claims for multiple claimants with related or similar causes of action, specifically whether and when they can be included on a group claim form. The relevant provisions are CPR 7 (how to start proceedings) and CPR 19 (parties to a claim). At first instance the Master held that individual claimants had to issue unitary claim forms, even in similar claims. The long-adopted practice of commencing proceedings for more than one claimant on a group claim form was not permissible. The Divisional Court allowed the appeal against that finding, determining there was no requirement on claimants to issue individual claim forms. The test for issuing a group claim form was whether, under CPR 7.3, the claims listed on that claim form could...