Multi-party Litigation

Abstract

English ‘multi-party’ litigation can take one of three forms. First, in representative proceedings the representative claimant brings an action on behalf of himself and others (the represented class). This form of proceeding is an opt-out system. It is used mostly in the context of obtaining declaratory or injunctive relief. The Government in July 2009 rejected a proposal that there should be a generic opt-out class action in England for compensatory claims. Secondly, there is scope for mass claims under a Group Litigation Order (‘GLO’). Such litigation involves ‘opting-in’ by each individual. The GLO procedure is the main means of handling claims for compensation involving large groups of similarly affected persons or entities. The main characteristics of the GLO system are: the court must approve a group litigation order; the court will exercise extensive case management and issue directions; decisions on ‘common’ issues are binding on, and in favour of, the group. Thirdly, there is the procedure known as consolidated litigation or multiple joinder of parties. Consolidation or joinder of co-claimants is a long-established established means of accommodating multi-party actions. It is also an opt-in procedural mechanism.