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Group litigation order

From Wikipedia, the free encyclopedia

A group litigation order (or GLO) is an order of a court in England and Wales, which permits a number of claims which give rise to common or related issues (of fact or law) to be managed collectively.[1]

History

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Prior to the introduction of the Civil Procedure Rules the courts of England and Wales had used a number of techniques to manage multiple claims. In particular representative claims permitted a plaintiff (now claimant) who shared the same interest in a claim as a group to either begin or continue a claim as a representative of that group. The court could also consolidate one or more claims so that they were managed or heard together.

The final Access to Justice Report, published in July 1996, concluded that these methods were not sufficiently flexible and recommended that a system for group litigation be introduced.[2]

Group litigation orders were added to the Civil Procedure Rules from 2 May 2000.[3]

Procedure

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Any party to a claim may apply for a group litigation order to be made before or after issue of the claim. A single court will be assigned to manage the GLO. A Group Register will then be set up listing all claims which have become part of the GLO. Any party to a case may apply to be added or removed from the group register.

All claims that from part of a GLO will be automatically allocated to the multi-track and will be moved to the management court. There is great flexibility in how group litigation may be managed and directions should be tailored to the specific needs of a particular set of claims.

As a class action, a claimant must explicitly "opt-in" to most claims. In 2015 an "opt-out" basis was established for violations of the Competition Act 1998 and Consumer Rights Act 2015.[4]

Marketing and regulation of claimant recruitment

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Group litigation depends on recruiting large numbers of claimants, and the advertising used to do so—commonly featuring phrases such as "no win, no fee" and "no upfront cost"—has attracted regulatory scrutiny in the United Kingdom. In September 2025 the Advertising Standards Authority (ASA) upheld complaints against several group-action promoters.[5] It found that ads by Johnson Law Group for diesel-emissions claims omitted material information and failed to substantiate a claim that drivers could receive up to £10,000 in compensation.[6] The ASA issued parallel rulings against Jones Whyte Law and against KP Law and its associated lead generator "Join the Claim," citing undisclosed success fees, unclear cost exposure, and insufficiently prominent disclosure of lead-generation activity.[7]

In January 2026 the Solicitors Regulation Authority (SRA) issued a formal warning notice on "no win, no fee" arrangements, stating that marketing materials must not exaggerate the benefits or downplay the potential costs and risks, and describing the high-volume consumer-claims market as an enforcement priority.[8][9] The warning followed the 2024 collapse of SSB Law, in which clients who had signed conditional fee agreements and after-the-event insurance found the insurer declining to cover losing costs, leaving defendants to pursue them for five-figure bills.[10]

Examples

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Notable cases in which such an order has been issued include

  • the McDonald's hot drinks litigation in the High Court of Justice Queen's Bench Division,[11]
  • proceedings against the Royal Liverpool Children's Hospital over the removal of organs,[12]
  • the case brought by subpostmasters against the Post Office in the British Post Office scandal.
  • Motto & Others v Trafigura Ltd (2009), a claim by around 30,000 residents of Abidjan, Ivory Coast, over illness allegedly caused by the dumping of toxic waste unloaded from the tanker Probo Koala. The group litigation settled for £30 million without admission of liability, and the subsequent detailed assessment of the claimants' £105 million costs bill produced a leading Court of Appeal ruling on GLO costs recovery.[13][14]
  • The VW NOx Emissions Group Litigation (Crossley & Others v Volkswagen Aktiengesellschaft & Others), a claim on behalf of more than 90,000 UK owners of Volkswagen, Audi, Škoda and SEAT diesel vehicles fitted with emissions "defeat devices". A GLO was made in May 2018, and in April 2020 the High Court ruled that the vehicles' software did amount to an unlawful defeat device. The case became the template for later "pan-NOx" GLOs against other manufacturers, including Mercedes-Benz, BMW, Ford and Fiat Chrysler/Suzuki.[15][16]
  • Fuschillo and Others v Johnson & Johnson, a product liability claim by more than 3,000 UK claimants alleging that ovarian cancer and mesothelioma were caused by long-term use of Johnson's Baby Powder, which the claimants alleged contained asbestos. The High Court approved a GLO on 10 June 2026, appointing the claimant firm KP Law as lead solicitors for the group action; it was reported as the first GLO brought against J&J over its talc products in the UK.[17][18]

A full list of current GLOs is available on Her Majesty's Courts Service website.

References

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  1. ↑ "CPR Part 19 - III Group Litigation".
  2. ↑ "Chapter 17, Lord Woolf's Final Report on Access to Justice". Archived from the original on 2006-05-19. Retrieved 2006-07-17.
  3. ↑ Rule 9, "Civil Procedure (Amendment) Rules 2000", legislation.gov.uk, The National Archives, 24 January 2000, SI 2000/221
  4. ↑ Yoshino, Troy M.; Labi, Suzanne (2023-11-27). "Class Actions 101: An Introduction to UK Collective Actions and How They Differ from US Class Actions". Class Action Insider, Winston & Strawn. Retrieved 2024-01-11.
  5. ↑ "ASA clamps down on misleading group claim adverts". The Law Society Gazette. 24 September 2025. Retrieved 26 August 2026.
  6. ↑ "ASA Ruling on JLG Legal Ltd t/a Johnson Law Group". Advertising Standards Authority. 24 September 2025. Retrieved 26 August 2026.
  7. ↑ "Advertising watchdog upholds complaints against group action law firms". Legal Futures. 24 September 2025. Retrieved 26 August 2026.
  8. ↑ "SRA warning notice over 'no win, no fee' practices". Solicitors Regulation Authority. 28 January 2026. Retrieved 26 August 2026.
  9. ↑ Taddia, Marialuisa (28 January 2026). "SRA issues 'no win, no fee' warning to counter poor behaviour". Legal Futures. Retrieved 26 August 2026.
  10. ↑ "SRA warns law firms about misleading use of 'no win, no fee'". Legal Futures. 19 December 2024. Retrieved 26 August 2026.
  11. ↑ Bogle v McDonald's Restaurants Ltd. [2002] EWHC 490 (25 March 2002)
  12. ↑ A, B & Othes v Leeds Teaching Hospitals NHS Trust [2003] EWHC 1034, [2003] 3 Costs LR 405, [2003] Lloyd's Rep Med 355 (9 May 2003)
  13. ↑ "Oil firm 'settles' toxic waste case". Al Jazeera. 2009-09-21.
  14. ↑ "Motto & Ors v Trafigura Ltd & Anor". Court of Appeal (Civil Division). 2011-10-12.
  15. ↑ "Crossley & Ors v Volkswagen Aktiengesellschaft & Ors" (PDF). High Court of Justice, Queen's Bench Division. 2020-04-06.
  16. ↑ "High Court ruling backs claimants in VW emissions litigation". Law Gazette. 2020-04-06.
  17. ↑ "England: Group litigation order approved in Johnson & Johnson baby powder case". Irish Legal News. 2026-06-12.
  18. ↑ "J&J faces first UK lawsuits alleging its baby powder caused cancer". Reuters. 2025-10. {{cite news}}: Check date values in: |date= (help)
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