Group litigation orders: proceed with caution

• Civil Procedure Rules on group litigation orders (GLOs).
• The GLO and the parties’ submissions.
• Judgment: advertising costs are not recoverable costs.

As group litigations are becoming increasingly common, the recent case of Weaver & Others v British Airways Plc [2021] EWHC 217 (QB), [2021] All ER (D) 66 (Feb) provides valuable guidance on the issue of whether the costs of advertising a group litigation order (GLO) are recoverable.

Civil Procedure Rules on GLOs

The procedural rules governing group litigation are set out in Part III of CPR 19 and the rules governing GLOs are contained in CPR 19.10. CPR 19.10 defines a GLO as ‘an order made under rule 19.11 to provide for the case management of claims which give rise to common or related issues of fact or law...’ The court may, pursuant to CPR 19.11(3)(c), give directions for publicising the GLO.

Brief facts

The litigation concerns a group litigation action claim for damages brought against