Representative actions have long permitted individuals to bring actions on behalf of other parties with a ‘same interest’, albeit without those other parties’ consent: claims are thus brought on behalf of a class of persons on an ‘opt-out’ basis. The oldest of these is the ‘representative action’, now incorporated in Section II of Part 19 of the CPR at Rule 19.6. It is helpful to first briefly examine the types of collective actions that may be brought in E&W. Background: types of collective claims in E&W In doing so, we consider the degree of approvals required from the court, alongside the strategic considerations claimants and defendants encounter when settling such claims. In this chapter, we cover the unique substantive and procedural issues relevant to settling group litigation orders (GLOs), English Civil Procedure Rules (CPR) Rule 19.6 representative actions and opt-out collective actions in the UK Competition Appeal Tribunal (CAT). It follows that there is likely to be a greater interest among practitioners, claimants and defendants alike in the mechanisms and strategies involved in settling collective disputes.
This trend has been driven by a number of factors, including the introduction of the opt-out regime for competition law claims under the Consumer Rights Act (CRA) in 2015, the increase in the availability of litigation funding required to bring collective claims and the growth of firms specialised in this area. The prevalence of collective actions in England and Wales (E&W) has increased over recent years.
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