Group litigation is the term given to the process whereby a group of claimants bring about a collective claim against another party, which can be an organisation, a business, or an individual, if they feel they have been affected by negligence, an incident, or some other problem.
When is group litigation used?
We sometimes hear group litigation referred to as class action; however, class action is only accurate for cases that are taking place in the US. In the UK, group litigation is the correct term for this sort of legal procedure.
Group litigation is of great importance to our justice system, as it means people can bring a case when they would otherwise not have had the means to do so. By forming part of a collective that works together to fight the case, individuals’ cases are considerably strengthened and have a much greater chance of success due to using collective knowledge, collective legal advice, and collective resources.
What is the benefit of working as a collective?
By working as a collective, the advice obtained can be shared amongst the whole party; therefore, it is not necessary for each individual to seek advice from a solicitor. The advice obtained and the cost of seeking this advice can therefore be shared.
To pursue cases, the majority of parties will find it necessary to obtain litigation funding. By working with companies such as https://www.novo-modo.co.uk/litigation-funding, it is possible to obtain funding from a third party to cover the costly proceedings.
Litigation funding is essential, as it means individuals or small businesses are not penalised or prevented from taking legal action due to not having the means to do so, according to experts at the Legal Services Board
Working as a collective has other advantages; for example, individual test cases can be pursued by the group but jointly funded, reducing and spreading risk while testing the waters to see how the cases go.
Working as a collective also means a reduced risk of the collective having to pay the defendants’ costs.
