A Class Act: Is England A New Battleground In High-Value Multi-Claimant Actions?

Key Takeaways

• Since 2022, multi-claimant litigation in England has significantly increased, particularly Competition Appeal Tribunal ("CAT") filings and Group Litigation Orders ("GLOs"). Multi-billion-dollar cases are increasingly being filed.
• Courts have had mixed responses to representative actions brought under Rules 19.8 – 19.20 of the Civil Procedure Rules ("CPR representative actions"), whereas, post the Supreme Court decision in Merricks v Mastercard, the CAT has been more accommodating at the certification stage while maintaining rigorous scrutiny at the evidentiary stage.
• Courts have sought to update GLO procedures to enhance efficiency and flexibility, as seen in the management of the Pan-NOx emissions litigation and the introduction of the "GLO Lite" mechanism to coordinate group actions.