Group Litigation Orders (GLOs) are a vital legal mechanism in the UK for managing cases where multiple people or organisations have similar claims against the same defendant. They are designed to ensure efficiency, reduce court congestion, and create consistency in legal outcomes.

For businesses, individuals, and solicitors alike, understanding the scope, process, and implications of a GLO is essential. Whether you are considering joining an existing GLO or initiating one, knowing your rights and responsibilities can make a substantial difference in the success of your case.

What is a Group Litigation Order?

A Group Litigation Order (GLO) in the UK is a procedural mechanism used by the High Court to manage multiple claims that give rise to common or related issues of fact or law. Instead of each case proceeding entirely separately, the court consolidates them under a single management framework, allowing key issues to be decided collectively.

The purpose of a GLO is to:

• Avoid duplication of effort and evidence.

• Ensure consistent judicial decisions.

• Streamline proceedings for both claimants and defendants.

• Reduce the cost and time involved in litigation.

Under Civil Procedure Rules (CPR) Part 19, the court can make a GLO when it is satisfied that multiple claims share common or related issues. These issues are then formally recorded on what is called a “GLO register,” and cases can be added to or removed from this register as the proceedings develop.

Key Characteristics of GLOs

• Opt-in system: In the UK, GLOs operate on an opt-in basis, meaning claimants must actively join the group action to be part of the proceedings.

• Common issues: Only the issues common to all claimants are dealt with under the GLO; individual issues may still need separate determination.

• Case management powers: The court appoints a lead solicitor (or solicitors) and may select lead cases that will set precedent for the remaining claims.

Distinction from Other Collective Actions

While GLOs may appear similar to US-style “class actions,” there are significant differences:

• Class actions in the US are usually opt-out, meaning affected parties are automatically included unless they choose otherwise.

• In the UK, each claimant in a GLO must file their own claim to be included.

• GLOs are managed more tightly by the court, with specific directions on disclosure, expert evidence, and trial structure.

Understanding these distinctions is crucial, especially for clients deciding whether to join or initiate a GLO. Misunderstanding the opt-in requirement, for example, could result in missing a limitation deadline and losing the right to participate entirely.

When is a Group Litigation Order Used?

A Group Litigation Order is typically considered when there are a significant number of claimants who have suffered similar harm from the same source or event. The key factor is the presence of common issues that make it more efficient for the court to manage claims collectively rather than individually.

Common Scenarios for GLOs in the UK

1. Consumer Product Liability
   Cases where defective goods or unsafe products cause harm to many people.
   Example: Multiple consumers bringing claims against a manufacturer over faulty electrical appliances causing fires.

2. Environmental and Public Nuisance Claims
   Environmental damage affecting a community, such as pollution, chemical spills, or noise pollution.
   Example: Residents affected by contaminated water supplies pursuing a collective claim against a utility provider.

3. Data Breach and Privacy Violations
   Cyber incidents where personal information of thousands of people is compromised.
   Example: Customers suing a company after a large-scale data breach exposes financial records.

4. Financial and Investment Mis-selling
   Investors misled into purchasing products or services that do not perform as advertised.
   Example: A bank mis-selling complex financial derivatives to multiple small businesses.

5. Employment and Wage Disputes
   Situations where a large group of employees faces the same unlawful employment practice.
   Example: Hundreds of staff members pursuing unpaid overtime claims against the same employer.

Why a GLO is Chosen Over Individual Litigation

• Consistency in Judgments: Courts can avoid contradictory outcomes in similar cases.

• Efficiency in Proceedings: Shared evidence, experts, and witnesses reduce duplication.

• Reduced Costs for Claimants: Legal costs can be shared across the group.

• Streamlined Management: Court-appointed lead solicitors coordinate proceedings to keep the case moving.

It’s important to note that not every situation involving multiple claimants will lead to a GLO. The court assesses whether the common issues are substantial enough to warrant collective management, and whether a GLO is the most appropriate procedural tool compared to alternatives like representative actions or informal consolidation of claims.

The Legal Framework for Group Litigation Orders in the UK

The foundation for Group Litigation Orders (GLOs) in the UK is set out in the Civil Procedure Rules (CPR), specifically Part 19 and Practice Direction 19B. These rules give the High Court the authority to make a GLO when multiple claims involve common or related issues of fact or law.

Civil Procedure Rules (CPR) Part 19

Under CPR 19.10, the court may make a GLO where:

• There are multiple claims pending in the High Court.

• The claims give rise to common or related issues of fact or law — known as “GLO issues.”

• It is just and convenient for the claims to be managed together.

Once a GLO is made, the court will:

• Establish a Group Register listing all individual claims that fall under the order.

• Identify the GLO issues that will be decided collectively.

• Appoint a managing judge to oversee the proceedings.

• Give detailed case management directions for how evidence, disclosure, and trial stages will be handled.

The Group Register

The Group Register is a formal list of all claims covered by the GLO. Each claimant must issue their own claim form and apply to be entered onto the register.

• Timing: The court sets deadlines for when claims can be added.

• Removal: Claims can be removed if they no longer meet the GLO criteria or if they are settled individually.

• Transparency: The register is often accessible to the public, ensuring transparency and allowing potential claimants to be aware of ongoing group actions.

Role of the Managing Judge

The managing judge is critical to the smooth running of a GLO. They:

• Make binding decisions on procedural matters affecting all claims.

• Appoint lead solicitors to coordinate work and represent the group on common issues.

• Schedule “test cases” or “lead cases” to be tried first, setting precedent for the remainder.

Practice Direction 19B

PD 19B supplements Part 19 by providing detailed guidance on how GLOs should operate in practice, including:

• The information required in an application for a GLO.

• How GLO issues are to be defined.

• The use of lead solicitors and costs-sharing arrangements.

• Management of disclosure, expert evidence, and trial sequencing.

The procedural framework aims to ensure that group litigation orders UK operate efficiently, fairly, and in a way that delivers justice to all parties — both claimants and defendants.

How to Apply for a Group Litigation Order

Applying for a Group Litigation Order is a strategic and procedural exercise that requires careful preparation. While any party to a claim can make the application, in practice it is usually done by the claimant’s solicitors — often those already acting for a substantial number of potential claimants.

Step 1 – Identify Common or Related Issues

The first requirement is to confirm that the claims share common or related issues of fact or law. This may involve:

• Reviewing each claim for factual similarities.

• Identifying overlapping legal principles.

• Consulting with experts to determine whether causation or liability can be addressed collectively.

Without a strong set of common issues — referred to as “GLO issues” — the court will not grant the order.

Step 2 – Draft the Application

The application must comply with Civil Procedure Rules Part 19 and Practice Direction 19B. It typically includes:

• Case summary: An outline of the dispute, the parties involved, and the number of claims already issued.

• Proposed GLO issues: Clearly defined questions the court will resolve on behalf of all claimants.

• Proposed management directions: How evidence, disclosure, and trial stages should be handled.

• Details of the proposed lead solicitors: Firms who will act as the main point of contact for the court and opposing parties.

Step 3 – Notify Interested Parties

All parties who might be affected by the GLO — including potential claimants not yet registered — should be informed of the application. This often involves:

• Serving notices on defendants.

• Publicising the intended application (e.g., press releases, website updates, or legal notices).

This step is essential to ensure procedural fairness and give other affected individuals the chance to participate.

Step 4 – Court Hearing

The High Court will hold a hearing to determine whether to grant the GLO. The judge will consider:

• The number and similarity of claims.

• The proportionality of using a GLO versus other case management tools.

• Whether the proposed GLO issues are suitable for collective determination.

The court may grant the GLO as requested, modify the scope or management directions, or refuse it entirely if it finds the claims unsuitable for collective management.

Step 5 – Establishing the Group Register

If granted, the court will:

• Create the official Group Register.

• Set a time frame for claimants to apply to be included.

• Define procedures for adding or removing claims from the register.

Strategic Considerations Before Applying

Before initiating an application for a group litigation order UK, solicitors should weigh:

• Strength of common issues: Weak overlaps in fact or law risk refusal.

• Resources required: GLOs demand significant coordination, document management, and expert involvement.

• Client engagement: Claimants must be informed of costs, risks, and possible outcomes.

• Costs-sharing arrangements: Clear agreements between claimants prevent disputes later in the process.

Advantages and Disadvantages of a Group Litigation Order

A Group Litigation Order (GLO) offers a structured way to handle complex disputes involving numerous claimants, but it’s not a one-size-fits-all solution. Whether you’re a claimant, defendant, or solicitor, understanding the benefits and risks is essential before deciding to participate.

Advantages

1. Efficiency in Case Management
   The court can deal with common legal or factual issues once, rather than multiple times. This speeds up proceedings and reduces strain on judicial resources.

2. Consistency in Judgments
   Because the same judge handles the GLO issues for all claims, the risk of conflicting decisions is greatly reduced.

3. Cost-Sharing Among Claimants
   Legal and expert fees can be divided between participants, lowering the financial burden on each individual.

4. Increased Negotiating Power
   A large group of claimants represented collectively may carry more weight in settlement discussions than an individual claim.

5. Clarity on Common Issues
   Once the lead cases are decided, their outcome can provide a clear direction for resolving the remaining claims.

Disadvantages

1. Complexity in Coordination
   Managing a large group of claimants, each with their own circumstances, requires meticulous organisation and communication.

2. Potential for Delays
   While GLOs aim to streamline litigation, procedural disputes, appeals, or difficulties in managing evidence can slow progress.

3. Costs Risks
   If the group loses the case, claimants could still be liable for adverse costs orders, although these are often managed through insurance or litigation funding.

4. Limited Control for Individual Claimants
   Once common issues are decided collectively, individuals may have less say in how their claims are argued on those points.

5. Risk of Diverging Interests
   Not all claimants will have identical priorities, which can create tension within the group.

When a GLO Makes Strategic Sense

For many large-scale disputes, the advantages outweigh the disadvantages — particularly when the claims are highly similar, evidence overlaps, and costs would otherwise be prohibitive. However, each situation should be assessed on its own merits, ideally with specialist legal advice before proceeding.

Costs and Funding in Group Litigation Orders

One of the most important considerations for anyone thinking about joining or initiating a Group Litigation Order (GLO) is how the case will be funded and who will bear the costs. While GLOs can significantly reduce the expense of litigation by sharing costs among claimants, they still involve substantial resources — including legal fees, expert reports, and court costs.

Who Pays the Costs?

Under UK law, the general rule is “the loser pays” — meaning the losing party is responsible for their own legal costs and a significant portion of the winning party’s costs.

• Claimants: If the group loses, each member could be liable for a share of the defendant’s costs.

• Defendants: If the defendant loses, they may face a substantial combined bill covering all successful claimants’ legal expenses.

Because of these risks, most GLO participants arrange some form of cost protection before proceeding.

Common Funding Options

1. Conditional Fee Agreements (CFAs)
   Often called “no win, no fee” arrangements, CFAs mean solicitors only get paid if the case succeeds.
   • Typically combined with an uplift or “success fee” if the claim is won.

   • Reduces upfront costs for claimants.

2. Damages-Based Agreements (DBAs)
   A DBA allows solicitors to take a percentage of the compensation recovered, rather than charging hourly rates.

3. Third-Party Litigation Funding
   Specialist funders cover the costs of the litigation in return for a share of the damages if the claim is successful.
   • Particularly useful in high-value, complex GLOs.

   • The funder bears the risk if the claim is unsuccessful.

4. Before-the-Event (BTE) Insurance
   Some individuals already have legal expenses insurance as part of home or motor insurance policies, which can cover litigation costs.

5. After-the-Event (ATE) Insurance
   ATE insurance is taken out after a dispute arises and protects against the risk of having to pay the opponent’s costs if the case is lost after dispute resolution.
   • Often essential in large-scale GLOs to protect claimants from adverse costs orders.

Costs Management in a GLO

The managing judge will typically issue costs management orders to control expenses and ensure fairness between parties.

• Budgets must be approved in advance.

• Lead solicitors are responsible for keeping costs proportionate.

• Costs may be apportioned between claimants based on agreed formulas.

Why Funding Strategy Matters

The funding arrangement chosen for a group litigation order UK can influence:

• Who is willing to join the group.

• The scope of expert evidence that can be commissioned.

• Settlement negotiations — defendants often take claims more seriously when claimants have robust funding and cost protection in place.

Frequently Asked Questions

1. What are Group Litigation Orders UK?

Group Litigation Orders UK are court orders made by the High Court to manage multiple claims that share common or related issues of fact or law. Instead of each claim being dealt with separately, common issues are decided collectively, saving time, costs, and avoiding inconsistent judgments.

2. How do Group Litigation Orders UK work?

When the court grants a GLO, it creates a Group Register where all participating claims are recorded. The court appoints a managing judge, selects lead solicitors, and may identify lead cases (or “test cases”) to decide key issues that will apply to all claims in the group.

3. Who can apply for a Group Litigation Order in the UK?

Any party to a claim can apply, but in practice group litigation orders UK applications are usually made by solicitors representing several claimants with similar claims. The court must be satisfied that common issues exist and that it is just and convenient to manage the claims together.

4. How do I join an existing Group Litigation Order UK?

To join an existing GLO, you must:

• Issue your own claim form within the applicable limitation period.

• Apply to have your claim entered onto the official Group Register.

• Meet any eligibility requirements set out in the GLO order.

5. What is the difference between Group Litigation Orders UK and class actions in the US?

Group litigation orders UK are an opt-in process — claimants must actively join the register. US class actions are typically opt-out, meaning affected individuals are automatically included unless they choose otherwise.

6. What types of cases use Group Litigation Orders UK?

Common examples include:

• Consumer product liability claims.

• Data breach and privacy violations.

• Environmental damage and public nuisance cases.

• Financial mis-selling claims.

• Employment-related disputes affecting large groups.

7. Are Group Litigation Orders UK expensive to be part of?

Costs vary depending on the complexity of the case, but they are usually lower than pursuing an individual claim due to cost-sharing among claimants. Funding arrangements such as CFAs, DBAs, or litigation funding are common. Many claimants also use ATE insurance to protect against adverse costs.

8. How long do Group Litigation Orders UK take?

The timeframe depends on the complexity of the issues, the number of claimants, and the availability of the court. Many group litigation orders UK cases take several years from application to final resolution, especially if there are appeals.

9. What are the risks of joining Group Litigation Orders UK?

• If the group loses, you could be liable for a share of the defendant’s legal costs (unless you have cost protection).

• You may have limited input on how common issues are argued.

• Delays can occur if procedural disputes arise.

10. Do I need a solicitor to join Group Litigation Orders UK?

Yes. Each claimant must issue their own claim, and specialist solicitors familiar with group litigation orders UK are essential to ensure proper filing, inclusion in the Group Register, and effective representation on common and individual issues.

11. What happens after the GLO issues are decided?

Once the common issues are resolved through lead cases or trial, the court addresses any remaining individual issues for each claimant — often leading to settlements or shorter hearings.

12. Can Group Litigation Orders UK lead to faster settlements?

Yes. A large, well-organised group claim backed by solid evidence can encourage defendants to negotiate settlements earlier to avoid lengthy trials and adverse publicity.

Take Action Today with Axis Solicitors

Whether you are one of many affected individuals or an organisation facing multiple related claims, group litigation orders UK require careful planning, strategic legal guidance, and experienced representation. The right advice at the right time can mean the difference between a successful outcome and a costly setback.

At Axis Solicitors, our specialist litigation team has the expertise, resources, and procedural knowledge to handle complex GLOs from start to finish. We work closely with clients to protect their rights, manage costs effectively, and pursue the strongest possible case.

Contact us today