If a group of claimants intend to claim against the same defendant, it is more convenient and efficient for multiple claimants to commence legal actions together through a single claim instead of various individual claims. In an important case for group litigation, the court of appeal decision in Morris and others v Williams & Co Solicitors (A Firm) [2024] EWCA Civ 376 confirmed that as long as it is “convenient”, multiple claims can be brought in a single claim form.
The recent Court of First Instance decision of Adams v MOD reaffirmed that “convenience” remains the “acid test” for determining whether the multiple claimants can be joined under a single claim.
What should be considered when deciding the issue of “convenience”
That recent decision highlighted the following points while considering the issue of “convenience” :-
- Convenience is not to be judged exclusively from the perspective of the parties, the convenience of the court and the court system shall be taken into account.
- If convenience is in issue, the court may consider limiting the maximum number of claimants per claim form. Once the maximum number is reached, a further claim form can be issued.
- Where judgment has been given on common issues in a group claim but individual elements such as quantum require resolution, the court has the power under CPR 7.3 to disaggregate claims, it is unlikely to be convenient for the parties or the court for each individual claim to effectively be re-issued.
- The difficulties with CE-File system shall not be the factor for preventing the use of a single claim form. Where the parties ensure the smooth running of the whole cohort of claims by using template directions with variations appropriate to each claim, this will influence the court’s assessment of convenience.
- If a trial of lead cases is unlikely to be largely dispositive of the group claims, this may be a relevant factor the court considers when determining the convenience of issuing multiple claims in a single claim form.
Our thoughts
In view of the decision Adams v MOD, it is very clear to the multiple claimants which factors they need to consider before bringing forward group litigation action under a single claim.
The decision clarifies that, when it is convenient, multiple claims can be brought in a single claim form. Follow us for more litigation updates.
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