Group Litigation Order
| Published date | 21 March 2018 |
| Subject Matter | Chancery forms |
CH6 Group Litigation Order
IN THE HIGH COURT OF JUSTICE Claim No:
CHANCERY DIVISION
Chief Master [name]
[day, month, year]
BETWEEN:
ABCDEFG and the other Claimants listed in Schedule 1
Claimants
-and-
HIJKLMNOP
Defendants
___________________________
GROUP LITIGATION ORDER
____________________________
UPON the application of (party) by Notice dated . . .
AND UPON HEARING [names of the advocates and/or those given permission to address the court] for the Claimants / the Defendants
AND THE CHANCELLOR OF THE HIGH COURT having consented to an Order being made in the following terms:
IT IS ORDERED that:
(1) This Order applies to all claims which give rise to the following common or related issues of fact or law (‘the GLO Issues’) [Insert]
(2) This Order will be known as the ………….. GLO’
(3) Any documents or bundles in respect of claims to which this order applies should be endorsed on the top left hand corner with the words “……………GLO”
(4) The High Court of Justice (Chancery Division) will be the Court which will manage the claims on the Group Register, (the ‘Management Court’).
(5) [Title and name] shall be the Judge responsible for the management of all claims to which this order applies (the ‘Management Judge’).
(6) …………….. shall be the Lead Solicitors for the purposes of service and receipt of documents, the maintenance of the Register, and the conduct of the litigation in relation to common issues on behalf of the Claimants, save as otherwise ordered or agreed between the parties.
(7) The initial Claimants are those listed in Schedule 1 to this Order.
(8) Further claimants whose claims give rise to the GLO issues shall apply to the Lead Solicitors, defined at paragraph 9 below, to be entered on the Group Register and joined as Claimants under the terms of this Order.
(9) Any claims to which this order applies which are proceeding other than in the Management Court shall be transferred forthwith to the Management Court and entered on the Group Register in accordance with CPR 19.11(3)(a) (i) and (iii).
(10) Within [14 days of this Order being made and served on the Defendants’ solicitors], a group register (‘the Register’) shall be set up by the Lead Solicitors on which details of the claims which are the subject of this Order are to be entered. The Lead Solicitors shall be responsible for maintaining the Register.
(11) The Group Register shall include in respect of each Claimant:
- the name of the Claimant and his/her/its address/registered office
- the claim number under which the Claimant claims
- the date of issue of the claim form under which the Claimant claims;
- the Solicitors on the record;
- the date on which the Claimant’s claim was entered on the Group Register;
- the date of removal of the Claimant’s claim from the Group Register, if applicable.
(12) The Register shall be updated by the Lead Solicitors by [date] and thereafter every [3] months, if any claims have been served, removed or the registered details amended, and after each update a copy of the Register shall be served on the solicitors for all claimants and on the defendant and a copy sent to the Chancery Lawyer, Mrs Vicky Bell, at vicky.bell@hmcts.gsi.gov.uk, within 14 days of the update.
(13) The Defendants must give written notice to the Lead Solicitors and to the Chancery Lawyer of any issue it takes on the accuracy of the Register within 21 days of receipt.
(14) If the Defendants are in future served with or is notified of a claim or intimated claim falling within paragraph 1 of this Order the Defendants shall forthwith in writing inform the Lead Solicitors of the name of the Claimant, the claim number if any, the Claimant’s solicitors (if any) and all available contact details of the Claimant and/or the Claimant’s solicitors.
(15) A Claimant shall remain on the Register until such time as he serves notice of discontinuance or, if required, obtains permission to discontinue, or the claim is otherwise disposed of prior to trial, in which event the Claimant shall notify the Lead Solicitors who shall remove the Claimant from the Register with effect from the date on which notice of withdrawal or discontinuance or permission to discontinue is given or on the effective date of disposal of the claim.
(16) Subject to further order, the Generic Particulars of Claim shall stand as the Particulars of Claim for all Claimants entered on the Register.
(17) [The Defendants shall file and serve a Defence to the Generic Particulars of Claim by ………(date).]
(18) All claims listed in schedule 1 shall be stayed until further order with permission to apply for the stay to be lifted upon giving 28 days’ notice in writing to every other party. Any further claims to which this order applies shall also be stayed on such terms immediately upon being entered on the group register.
(19) [The following procedure shall be applied to select the claimants whose claims are to proceed as test claims (the “Test Claims”):[insert]]
(20) A copy of this Order shall be lodged (i) with the Senior Master of the Queen’s Bench Division in Room E113 at the Royal Courts of Justice, Strand, London WC2A 2LL and (ii) with the Law Society at 113 Chancery Lane, London WC2A 1PL.
(21) Details of this Order shall be published on the Court Service website;
(22) [any other provisions as to publicity]
(23) All claimants shall be severally liable for Common Costs to which the defendants are entitled and to the test claimants [Insert full provisions as to costs here or in Schedule 2]
(24) [costs of this application].
(25) Notwithstanding paragraph 18 of this Order, all parties have permission to apply on giving not less than 14 days’ notice in writing to every other party..
(26) This order shall be served by the Lead Solicitors on the Defendant
Service of the order
The court has provided a sealed copy of this order to the serving party:
ABC Solicitors LLP at [address] [reference]
SCHEDULE 1
THE CLAIMANTS
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Name |
Address/Registered Office |
Claim no. |
Solicitors on record |
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1 |
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2 |
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3 |
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4 |
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5 |
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6 |
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7 |
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8 |
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9 |
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10 |
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11 |
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12 |
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