UK Law and Practice Contributed by: Alex Cook, Helix Law
7. Mass Claims and Class Actions 7.1 Procedural Mechanisms In England and Wales, there is no single class action regime, but several mechanisms exist, broadly reflect- ing the distinction between opt-in and opt-out sys- tems. The primary opt-in method is a group litigation order (GLO), where claimants must actively join claims with common issues, alongside general multi-party case management. There are also representative actions under CPR 19.8, where one party can act for others with the “same interest”, although this is more limited in scope. In certain areas, particularly competition law, an opt- out model is available through collective proceedings before the Competition Appeal Tribunal, allowing claims on behalf of a defined class. These mecha- nisms are often supported by litigation funding and subject to court control, particularly where certifica- tion, scope, and settlement approval are concerned. 7.2 Standing Requirements In England and Wales, standing depends on the pro- cedure used. For GLOs and multi-party claims, each claimant must have their own cause of action and must opt in to the proceedings. For representative actions, the repre- sentative can act for others only if all members share the same interest, which is interpreted strictly. In competition collective proceedings, a class repre- sentative can act on behalf of a wider class (including opt-out claims), but must be approved by the tribunal. 7.3 Relief Damages are the main remedy in class actions, with courts also able to grant declarations or injunctions. They are calculated on a compensatory basis, but in group claims may be assessed collectively or on an aggregate basis rather than individually.
Applications are usually made where there is an urgent need to preserve the status quo, for example, where there is a risk of imminent harm, including risk of dis- sipation or loss of assets or evidence. 6.4 Security for Costs A party can apply for security for costs in England and Wales, but there are specific limits and require- ments limiting this to prevent a well-funded party from restricting another party’s access to justice. Security for costs is only available to a defendant, not a claimant, and is often pursued where the claimant may have no clear assets, might be in or at risk of insolvency, or is based outside the jurisdiction. 6.5 Interim Injunctions A party can apply for interim injunctions in England and Wales. The test for an interim injunction is established in the case of American Cyanamid v Ethicon . In simple terms, they are typically available where there is urgency, and relief is needed to preserve the status quo, where there is a serious issue to be tried, damages would not be an adequate remedy, and where the balance of convenience favours granting the injunction. 6.6 Summary Judgment A party can apply for summary judgment before trial in England and Wales. An application of this type relies on there being no real prospect of the claim or defence succeeding at trial, and/or there being no other compelling reason for the case to proceed to a full trial. Care is needed when considering these applications. Generally speaking, if there are questions of fact involved in the dispute, the court will want the trial judge to have the opportunity to hear evidence on those points, therefore summary judgment might fail.
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