When many people have claims arising from similar facts, products, contracts or events, dealing with each case entirely separately can create duplication. A group litigation claim provides a way for a court to manage related claims together while preserving the fact that each claimant normally has an individual case.
In England and Wales, the formal procedure most closely associated with this process is a Group Litigation Order, commonly shortened to GLO. The important point is that a GLO is primarily a case-management mechanism. It does not automatically turn all claimants into one person or guarantee the same result for every member of the group.
What is a group litigation claim?
A group litigation claim is a collection of civil claims that share one or more important questions of fact or law. Those shared questions are called the “GLO issues” when the claims are managed under a Group Litigation Order.
For example, several claims might raise the same question about whether a product had a particular defect, whether a contractual term has a particular meaning, or whether the same event caused a common type of loss. The individual claims may still differ in matters such as the claimant’s circumstances, the extent of loss, causation and the remedy sought.
CPR Part 19 on parties and group litigation sets out the formal rules. Under rule 19.21, a GLO is an order for the case management of claims giving rise to common or related issues of fact or law.
Is it the same as a class action?
Not exactly. “Class action” is a widely used general expression, but England and Wales does not use one universal procedure carrying that name for all civil disputes. Different mechanisms can be suitable depending on the facts and the legal basis of the claims.
- Group Litigation Order: separate claims are entered on a group register and managed together around defined common issues.
- Representative proceedings: one or more parties may represent others who have the same interest, subject to the relevant rules and court directions.
- Consolidation or joinder: claims may be combined or parties joined where that is a convenient way to resolve the dispute.
- Test or lead claims: selected cases may be used to decide an issue that is relevant to other claims, with the court controlling how far the result applies.
The choice is procedural rather than cosmetic. The Courts and Tribunals Judiciary’s Chancery Guide notes that parties should consider whether a GLO, representative claim, managed claims or another form of bespoke case management is the most suitable approach.
How does a Group Litigation Order begin?
A GLO may be considered before claims are issued or after relevant proceedings have already started. The proposed applicant generally needs to identify the related claims and define the common issues with enough precision for the court to manage them.
The application is made under the civil procedure rules and is supported by evidence and proposed directions. The court will consider whether group management is appropriate, whether another procedure would work better, and how the proposed group should be defined.
The official Practice Direction 19B guidance for Group Litigation explains that an application may be made by a claimant or defendant and sets out steps concerning the application, the group register, lead solicitors, case management and publicity.
The group register is the practical centre of the case
If the court makes a GLO, it must direct the establishment of a group register. Claims that meet the stated criteria are entered on that register in accordance with the order and any later directions.
Entry is significant, but it is not merely a mailing-list exercise. The order may specify the court that manages the group, the issues covered, the information that must be provided, and a date after which new claims need permission before they can be added.
A claimant normally needs to establish that their case raises at least one of the defined GLO issues. Their claim may then continue to include individual questions that are not shared by the rest of the group.
What happens after the claims are grouped?
The management court gives directions for moving the litigation forward. Those directions can change as the evidence develops, but the process commonly involves several connected stages.
- Defining the common issues: the court identifies the questions that can be dealt with collectively.
- Organising representation: the court may appoint or recognise a lead solicitor for claimants or defendants for particular aspects of the litigation.
- Disclosure and evidence: documents and evidence relevant to common issues may be managed in a coordinated way, subject to the court’s directions.
- Selecting test claims: one or more claims may proceed first to examine common issues or representative factual patterns.
- Resolving individual issues: once shared issues are decided, the court may need to assess the circumstances and losses of individual claimants.
A judgment on a GLO issue can bind parties to claims already on the group register, unless the court orders otherwise. The court can also give directions about the effect of an order on claims entered later. That is one reason the date of entry and the wording of the GLO matter.
What are test claims?
Test claims are selected cases used to examine issues that may recur across the group. They are not necessarily intended to represent every claimant’s personal circumstances. Their purpose is to provide a court decision on defined questions, after which the remaining claims can be managed with that decision in mind.
The court may give directions about which claims should proceed as test claims. If a selected claim settles, the rules allow the court to substitute another group claim as the test claim. This helps avoid leaving a common issue unresolved solely because the first selected case has ended.
Test claims can make proceedings more orderly, but they also require careful selection. A factual feature that is unusual in one claimant’s case may not provide a useful basis for deciding an issue affecting the wider group.
How are costs and funding handled?
Costs are case-specific and depend on court orders, agreements, funding arrangements and the work required. A person considering joining a group claim should ask for clear information about legal fees, insurance, possible adverse costs exposure and how common costs will be allocated.
CPR rule 46.6 distinguishes between common costs and individual costs in GLO litigation. Unless the court orders otherwise, an order for common costs against group litigants imposes several liability for an equal proportion of those common costs. The rule also addresses individual costs and costs incurred before or after entry on the group register. The current Part 46 rules on costs in group litigation should be read alongside the particular GLO and any costs orders made in the case.
Funding models vary. Some cases may involve legal expenses insurance, litigation funding, conditional fee arrangements or other arrangements permitted by the applicable rules. The practical terms should be explained in writing before a claimant commits to the case.
For a neutral example of how legal teams may describe client representation in collective proceedings, readers should treat the linked material as separate reporting rather than as a statement of the legal rules explained here.
What happens to settlement?
A group litigation claim may settle in whole or in part, but settlement does not necessarily mean that every claimant receives the same amount. Individual loss, evidence, liability issues and the terms of the agreement can affect the outcome.
A settlement may include a process for assessing individual claims, submitting evidence, resolving disputed valuations and distributing agreed sums. Claimants should understand whether accepting an offer ends their claim, how deductions are calculated and whether the agreement deals with costs separately.
What should a potential claimant check?
- Whether the proposed case is formally subject to a GLO or is being coordinated through another procedure.
- Which common issues have been defined and whether the person’s circumstances fit them.
- Whether the claim has been entered on the group register, and whether any deadline or permission requirement applies.
- Which parts of the case remain individual, including loss, causation or limitation questions.
- How legal fees, insurance premiums, funding costs and common costs may affect any recovery.
- What evidence should be preserved, such as contracts, receipts, correspondence, medical records or photographs.
- Whether joining the group affects the ability to bring separate proceedings or accept another resolution.
Frequently asked questions
Do I have to join a group litigation claim?
Not necessarily. A person may have an individual claim, but the available choices and consequences depend on the procedure, limitation rules, court orders and any agreement with legal representatives.
Does a GLO prove that the claims are valid?
No. A GLO manages claims that raise common or related issues. It does not decide liability at the moment it is made.
Will every claimant receive the same result?
No. Common issues may be decided together, while individual questions such as loss, causation and personal circumstances may produce different outcomes.
Can a claim be removed from the group register?
Yes. A party may apply to the management court for removal, and the court may give directions about how that claim should proceed afterwards.
Can new claimants join later?
Possibly, but the GLO may set a cut-off date or require the court’s permission for a later entry. The order and subsequent directions control the position.
Does this article apply across the whole UK?
The procedure described here is based on the civil rules of England and Wales. Scotland and Northern Ireland have different court systems and procedural rules, so local advice is needed for claims brought there.
The practical meaning of group litigation
Group litigation works by separating the questions that can sensibly be decided together from those that require an individual assessment. The court’s register, defined common issues, test claims and costs directions provide the structure; the facts of each claimant’s case still matter.
For anyone considering participation, the most useful first step is not simply asking whether a case is “group” litigation. It is asking which procedure is being used, what the court has ordered, which issues are genuinely common, and what responsibilities remain with each claimant.
This article is general information about procedure in England and Wales, not legal advice. The rules, court orders and limitation periods applying to a particular claim should be checked with a qualified legal adviser.
