Group litigation is how courts manage large numbers of claims that share the same or similar legal and factual questions. Rather than running hundreds or thousands of near-identical cases one by one, the court can coordinate them so that the issues common to everyone are decided once, in a single set of proceedings. The practical effect is that a claimant is rarely dealing with their own solicitor in isolation: they become part of a structure in which a lead firm, a court-appointed managing judge, and sometimes a third-party funder each has a defined role.
Understanding who does what inside that structure, and who is responsible for which costs, is what separates a clear-eyed decision from an unpleasant surprise later on. This guide explains the main routes into group litigation, how representation is organised, how costs are shared, and the questions worth asking before signing up.
Why group claims need a different kind of representation
Ordinary civil litigation assumes one claimant, one solicitor, and one set of interests. Group claims break that assumption. The claimants may number in the hundreds or thousands, may live in different places, and may each have a slightly different loss. What binds them is a shared question: whether a product was defective, whether a practice was lawful, or whether a duty was breached.
That shared question is where the leverage comes from. Deciding a common issue once can avoid duplicated evidence, inconsistent outcomes, and disproportionate cost. It also means representation has to be organised collectively, because the group’s strength depends on presenting a single, coherent case on the common issues while still preserving each claimant’s individual position.
The main routes into group litigation
England and Wales does not operate a single, US-style class action. Instead, the Civil Procedure Rules and separate competition law provide several distinct mechanisms, and which one applies changes how representation works. The table below compares the four most common routes.
| Route | How the group is formed | Opt-in or opt-out | Where it is typically used |
|---|---|---|---|
| Group Litigation Order (GLO) | Individual claims are issued and entered on a court-managed register | Opt-in: each claimant joins | Broad range of civil claims in the High Court or County Court |
| Representative action | One or more people represent others who share the same interest | Generally opt-out, subject to the court’s directions | Claims where the same interest test is met |
| Collective proceedings | A defined class is certified by the Competition Appeal Tribunal | Can be opt-in or opt-out, as certified | Competition and consumer law claims |
| Multiple joint claims | Several claimants bring claims on a single claim form | Named parties only | Where claims can be conveniently tried together |
Sources: Part 19 of the Civil Procedure Rules; the Competition Appeal Tribunal’s collective proceedings rules. The opt-in/opt-out position can vary with the court’s directions and the specific regime, so it should be checked case by case.
Who represents whom under a Group Litigation Order
The GLO is the workhorse of multi-party litigation in England and Wales, and its representation model is the one claimants ask about most. Under the rules, before applying for a GLO, solicitors for the proposed claimants are expected to consult the Law Society’s multi-party action information service and, where convenient, form a solicitors’ group. That group chooses one firm to take the lead in applying for the order and in litigating the common issues.
The lead solicitor’s role, and its relationship with the other firms, is meant to be defined in writing and is subject to the court’s directions. The lead firm often maintains the group register, coordinates disclosure, and acts as the single point of contact with the court. Claimants represented by other firms in the group still generally have their own solicitor-client relationship, but the common issues are argued once on behalf of everyone.
Above the lawyers sits the managing judge, appointed when the order is made. That judge assumes overall responsibility for case management and will generally hear the common issues. A Master or District Judge may handle procedural matters, and a costs judge may be appointed to deal with the often complex question of how costs are shared.
From claim form to the group register
A claim must be issued before it can be entered on the group register. Once the order is in place, new claimants can usually join by issuing a claim and having it entered, until a cut-off date set by the court. After that date, a claim can normally only be added with the court’s permission.
Because each claim is individual, the court may direct that group particulars of claim set out the collective case, supplemented by questionnaires completed by each claimant. Those questionnaires commonly capture the facts and loss specific to one person, and the court may approve their wording in advance. This is where a claimant’s own representation matters most: the common case may be argued for the whole group, but the details that establish an individual’s entitlement often depend on that claimant’s own evidence.
Test claims and how one judgment can bind the group
The court can direct that one or more claims on the register proceed as test claims. A test claim is tried on the common issues, and the resulting judgment is generally binding on the other claims on the register at that time, unless the court orders otherwise. Where a test claim settles, the court may substitute another in its place.
This is the mechanism that gives group litigation its efficiency, and it is also why the precise wording of the GLO issues matters so much. If those issues are defined too vaguely, claimants can later disagree about what a judgment actually decided. Where a judgment is binding, a party adversely affected may usually seek permission to appeal, although the rules limit the options for claims entered after a judgment or order was made.
How legal representation is paid for
Costs in group litigation are split into two categories, and the distinction drives much of the practical advice. Individual costs relate to a single claimant’s own claim. Common costs relate to the shared issues, the individual costs of a claim while it runs as a test claim, and the work of administering the group.
| Type of cost | What it covers | How it is generally shared |
|---|---|---|
| Individual costs | Work on a claimant’s own claim, such as their evidence and loss | Borne by that claimant |
| Common costs | The shared issues, plus administering the group litigation | Each group litigant has several liability for an equal proportion, unless the court orders otherwise |
| Test claim costs | Individual costs of a claim while it proceeds as a test case | Treated as common costs |
| Adverse costs | The other side’s costs, where a claimant is the paying party | That claimant’s individual costs plus an equal share of the common costs |
Source: rule 46.6 of the Civil Procedure Rules, which governs costs where a GLO has been made. The court retains discretion, and the allocation of costs can be varied by direction.
Representation itself may be funded in several ways. A firm might act under a conditional fee agreement, where some or all of its fee depends on the outcome; a third-party litigation funder might cover costs in return for a share of any recovery; and after-the-event insurance may be used to cover the risk of paying the other side’s costs. These arrangements are commercial contracts, and their terms vary widely. The Solicitors Regulation Authority guidance on third-party litigation funding sets out what regulated firms must consider, including conflicts of interest and the client’s understanding of the terms. Funding rules have also been under review following the Supreme Court’s 2023 decision in the PACCAR case, and further legislative change has been proposed, so the position can shift over time.
Opting in, opting out, and what you are agreeing to
Under a GLO, joining is an active choice: a claimant must issue a claim and have it entered on the register. Under a representative action, by contrast, a judgment can bind represented people who did not personally take part, unless the court directs otherwise or an individual is permitted to step outside the representation. Collective proceedings before the Competition Appeal Tribunal can be certified on an opt-in or opt-out basis.
Because group claims can run for years, decisions about representation and case management are documented in the courts and followed in legal commentary. Claimants and other observers often keep track of how such matters develop through broader litigation reporting, which can be a useful way to see how similar procedural questions have been handled elsewhere. It is worth remembering that a reference of this kind is informational only and says nothing about the merits of any particular case.
Questions worth asking before you join a group claim
- Who is the lead firm, and how is its role defined in writing relative to any other firms in the group?
- What are the funding arrangements, and what happens to my costs if the claim is unsuccessful?
- Are there any circumstances in which I could be liable for adverse costs, and is that risk insured?
- How is the group register maintained, and what is the cut-off date for joining?
- How will settlement be handled, and whose approval is required?
- What information about my claim will be shared with a funder or other third parties?
Appeals and the wider picture
Group litigation does not end at the trial court. Common issues can be appealed, and significant points of procedure or law can reach the Court of Appeal or the Supreme Court. Because a single ruling can affect every claim on the register, the appellate stage is often as consequential as the first-instance trial.
Frequently asked questions
Do I need my own solicitor in a group claim?
It depends on the route. In a GLO, claimants may be represented by the lead firm or by their own firm within the solicitors’ group; each claimant generally has a solicitor-client relationship, while the common issues are argued collectively. In a representative action, the representative acts for the class.
Can I join a group claim after it has started?
Often yes, by issuing a claim and having it entered on the register before the cut-off date. After the cut-off date, entry generally requires the court’s permission.
What if I want to leave a group claim?
A party whose claim is on the register may apply to the management court for removal. The court can then give directions about the future of that claim, and costs may still include a share of the common costs incurred up to the point of removal.
Who pays if the group claim loses?
As in most civil litigation, the unsuccessful party may be ordered to pay the successful party’s costs, although the court has discretion. In a GLO, common costs are generally shared equally among group litigants unless the court orders otherwise. Insurance and funding terms are central to how that risk is managed.
Is group litigation the same as a US class action?
No. England and Wales has no single equivalent to the US class action. It uses several distinct routes, including GLOs, representative actions, collective proceedings in the Competition Appeal Tribunal, and multiple joint claims, each with its own rules on consent and binding effect.
Group litigation is ultimately a coordination exercise, and representation is the machinery that makes coordination possible. The claimants supply the individual claims; the lead firm and its co-counsel advance the shared case; the managing judge keeps the process on track; and funders or insurers may carry part of the financial risk. Knowing which of those roles you are relying on, and on what terms, is the most reliable way to enter a group claim with a realistic understanding of what lies ahead.
