Class actions are widely known for their popularity in the United States. These types of actions are now developing in the UK because of recent data breach litigations.

In the UK, group litigation can arise in two different scenarios: Group Litigation Order (“GLO”) or representative actions. GLOs are orders given by the Courts to manage collectively different claims that give rise to “common or related issues of fact or law”. The claimants in a GLO need to opt-in to join the GLO; however, all claims remain separate. A representative action, on the other hand, allows a representative to bring an action on behalf of a class of claimants who have the “same interests” in the claim. Any judgment in a representative action will be binding on all class members represented, unless they actively opt-out’of the claim. It is worth noting that the English Courts have discretion to allow any group litigations to proceed.
Continue Reading The rise of data protection group litigation actions in England and Wales