- Presents a history of the evolution of group litigation in England, and outlines the three current regimes.
Group litigation plays a pivotal role in the English legal landscape. While traditionally associated with US legal procedures, group litigation (also known as class actions) have gained prominence across Europe and in the UK in recent years. Available in English courts for over a century, they form an integral part of modern English civil procedure. The increasing trend in group litigation can be attributed to factors such as access to third-party litigation funding and technological advancements, underscoring the evolution and acceptance of this practice in the UK.
Evolution of group litigation
While we have seen a large increase in the use of group litigation over recent years, this is not a novel concept for the English justice system. As far back as 1893, the Rules of the Supreme Court (the RSC) (the CPR’s predecessor) provided (at Order 16 rule 1) that: ‘All persons may be joined
