How Group Legal Claims Work and What Participants Should Know

By
Alek
-
Judge signing documents at a desk with a gavel, representing law and justice

A group legal claim is a case in which several people with related claims ask a court to deal with those claims together. Depending on the jurisdiction, these arrangements may be called group actions, multi-party actions, or class actions. The claims typically share common questions of fact or law, such as the same product, the same event, or the same regulatory requirement.

Group procedures exist so that courts can manage similar cases efficiently instead of hearing each one in isolation. For participants, this can mean that a shared issue is decided once, or that a smaller number of test cases is used to resolve questions that affect many people. The exact mechanics depend on the rules that apply where the case is brought.

Lawyer consulting clients in a modern office during a serious discussion
A legal adviser meeting with clients to talk through the options available in a group claim.

Common Types of Group Proceedings

Group procedures are not identical across legal systems. They are generally designed around a few common features:

  • Group Litigation Orders (GLOs) in England and Wales, which allow claims with common issues to be managed together under a group register.
  • Group proceedings in Scotland, introduced under the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018 and available in the Court of Session.
  • Class actions and similar mechanisms in other jurisdictions, which follow their own rules on how members are identified and how they take part.

The table below compares two of these frameworks at a general level. It is an overview only and should not be treated as a substitute for the rules that apply to a particular case.

Feature England and Wales (Group Litigation Order) Scotland (Group Proceedings)
Legal basis Civil Procedure Rules, Part 19 Rules of the Court of Session, Chapter 26A
Who may apply A claimant or a defendant A representative party authorised by the court
Membership record Group register, where claims must already be issued before entry Group register, which may change as members join or withdraw
Participation model Claims enter the register under the GLO directions Opt-in, opt-out, or both, depending on the group procedure rules
Court oversight Management court gives case directions Court keeps active control and reviews the group register at hearings

How Group Litigation Orders Work in England and Wales

Under Part 19 of the Civil Procedure Rules, a court may make a Group Litigation Order where there are, or are likely to be, a number of claims giving rise to common or related issues of fact or law. The multiple parties may be claimants or defendants. The text of rule 19.22 sets out what a GLO must contain, including directions for a group register, the specific GLO issues, and the court that will manage the claims.

In general terms, the process tends to involve the following elements:

  • An application that summarises the nature of the litigation, the number of claims already issued, and the common issues likely to arise.
  • The establishment of a group register, on which claims that raise the GLO issues may be entered.
  • Directions from the management court, which may include selecting test claims or appointing a lead solicitor for each side.
  • A rule that a judgment on a GLO issue is generally binding on the parties to other claims on the register at that time, unless the court orders otherwise.

Practice Direction 19B also states that a claim must be issued before it can be entered on a group register. Participants should therefore check whether their own claim has been formally started, as this affects when it can be included.

How a Group Action Typically Progresses

Timelines in group actions vary considerably from case to case. The stages below describe a general outline rather than a fixed sequence, and the actual order may differ depending on the court and the issues involved.

Group of professionals reviewing documents together in an office setting
Reviewing documents together is a common part of preparing evidence in multi-party cases.
  • Identifying common issues: the parties and the court agree on the questions that affect the group.
  • Registration of claims: eligible claims are entered on the register, where that system applies.
  • Test or preliminary cases: a small number of representative claims may be used to address shared questions first.
  • Evidence and disclosure: documents relating to the common issues are exchanged, and disclosure may be shared across claims on the register unless the court orders otherwise.
  • Resolution: the group may reach a judgment, a settlement, or a discontinuance, subject to court approval where required.

Readers who want to follow group litigation developments can compare how different cases have been managed over time. Outcomes depend on the facts of each matter and on the decisions made by the courts involved.

Opt-In and Opt-Out Participation

Group procedures differ in how people become part of a group. The Court of Session practice note on group proceedings explains that the procedure allows group proceedings to be brought on an opt-in basis, meaning each member gives express consent. The same note explains that membership can change during the proceedings, with members added or withdrawn, and that the group register is reviewed by the court at each hearing. The full practice note is available from the Scottish Courts and Tribunals Service.

Under an opt-in model, people generally need to take a positive step before they are included. Under an opt-out model, people within a defined group may be included without signing up, depending on the rules of the procedure and on where they are domiciled. In either model, the specific rules determine how and when membership is recorded.

What Participants Should Know Before Joining

Joining a group claim usually involves reviewing and signing documents. These may include a consent form, an agreement with a legal adviser, and information about how costs and any payments would be handled. Taking time to read these carefully is a sensible step.

A hand signing a formal contract with a pen on a wooden desk
Formal agreements are typically reviewed carefully before they are signed.

The following points are commonly worth checking:

  • Scope: confirm which claims, products, periods, or events the group covers.
  • Fee structure: legal fees may be hourly, fixed, or conditional on the outcome. The terms depend on the agreement and the jurisdiction.
  • Costs: understand how costs would be treated if the claim does not succeed, as rules on this can differ.
  • Distribution: where a settlement or award is made, check how it would be calculated and whether any court-approved deductions apply.
  • Time limits: limitation periods can affect whether a claim can still be added, so timing matters.
  • Records: keep copies of signed documents, correspondence, and evidence relating to the claim.

Because each agreement and case is different, many people choose to seek independent legal advice before committing.

How Settlements and Payments Are Structured

Settlements in group actions may require court approval, particularly where the group as a whole is affected. In such cases, the court may review whether the terms are fair and reasonable for the group. The overall amount, the number of eligible members, and any approved costs all shape how a settlement is calculated, so the figures in any individual case should be read against the specific settlement documents rather than general estimates.

General information on how payments are structured can help participants read those documents more confidently. Payment formulas are often set out in a schedule, and they may differ between groups or sub-groups of claimants. Anyone uncertain about a specific calculation should ask for a written explanation before relying on it.

Frequently Asked Questions

What is the difference between a group claim and an individual claim?

An individual claim is brought by one person on their own facts. A group claim combines several related claims so the court can manage the common issues together. Each member may still have a separate claim with its own details.

Is a judgment in a group case binding on everyone in the group?

In England and Wales, a judgment on a GLO issue is generally binding on the parties to other claims on the group register at that time, unless the court orders otherwise. Whether and how a judgment applies depends on the specific order and procedure in each case.

Should participants get independent advice before signing?

Seeking independent legal advice is often recommended before signing any agreement. An adviser can explain the scope, fees, costs, and timing rules that apply to the specific claim.

Closing Notes on Group Claims

Group claims give people with related issues a structured way to have those issues considered together, under rules set by courts and legislatures. The procedure, the participation model, the costs arrangements, and the likely timelines all depend on the jurisdiction and the case. Reviewing official guidance and taking independent advice before committing remains a practical starting point for anyone considering a group claim.

RELATED ARTICLESMORE FROM AUTHOR