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Strength in numbers

12 April 2016 / Leigh Callaway
Issue: 7695 / Categories: Features , Profession , Litigation trends
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Leigh Callaway on group claims & the future of claimant litigation

The ability of a group or groups of multiple claimants to bring joint claims—a class action—has long existed in a number of legal jurisdictions. The best known jurisdiction is perhaps, the US, which is renowned, perhaps unfairly, for big ticket group claims, involving many dozens if not hundreds of claimants, with damages in the millions. Class actions in England, referred to in this jurisdiction as group litigation orders (GLOs) were brought into law following Lord Woolf’s Access to Justice report, with the CPR establishing a relatively flexible framework for the management of cases involving multiple claims by different parties. Historically, however, the GLO procedure has not been widely used.

The reason why is unclear, but is perhaps attributable to the English cultural approach to litigation—typically as a nation we do not litigate for the sake of litigating—and certainly the “loser pays” principle militates against speculative claims. However, with the rise of litigation funders, who necessarily approach litigation with more of

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MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

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