What is a group litigation order?

A Group Litigation Order (GLO) is a legal court order that allows a group of claimants to pursue related claims collectively when their cases involve common issues of fact or law. It streamlines the management of multiple similar individual claims that arise from the same event, product, or circumstance.

Under a GLO, a group action is organised by the court, and claims are formally entered on the group register. This register serves as the central list for all claimants participating in the group litigation. Claimants must opt in by entering their claims on the group register before a specified cut off date unless the court orders otherwise.

To efficiently manage the litigation, the court may appoint lead claimants to represent the group of claimants in resolving key legal and factual issues. The cases brought forward by these lead claimants are used to address the central GLO issues. The court’s decisions on these GLO issues typically apply to all other group litigation claims on the register, ensuring consistency and reducing the need for repeated hearings.

Although the claims are managed collectively, each remains an individual claim, meaning that while general issues are resolved through the group action, specific details such as damages might still be determined individually for each claimant. The court’s process ensures fairness, efficiency, and consistency across the group litigation.

Our team of cost draftsmen at Greener Costs have many years of experience in the field of legal costs, including assisting clients with their costs related to a group litigation order. If you would like more information on our services then please do not hesitate to get in touch with us today using the contact details below.

Alex Not & Ors v Jaguar Land Rover Limited & Ors 

This case involves a group litigation order approved by the High Court, enabling over 39,000 claimants to pursue legal action collectively against Jaguar Land Rover. The dispute centres on alleged defects in the diesel particulate filter systems of certain Jaguar and Land Rover vehicles purchased or leased after 2014. This GLO aims to streamline the management of a potentially large number of claims and is part of a growing trend for the courts to handle mass claims involving similar issues efficiently.

The issue at hand concerns the DPF systems, which are designed to capture and reduce harmful emissions from diesel engines. The claimants allege that these filters are defective and prone to malfunction. The reported defects have caused significant problems, such as engine damage, increased fuel consumption, and vehicle performance issues. One notable symptom of these defects is the activation of “limp home mode,” a safety feature that dramatically reduces a vehicle’s speed, sometimes to as little as 30 mph, or shuts down the engine completely. This situation is not only inconvenient but can also be dangerous, particularly if it occurs while driving at high speeds or in hazardous conditions.

These alleged defects have led to substantial financial and practical burdens for vehicle owners. Claimants argue that the defects have diminished the value of their vehicles, necessitated expensive repairs, and caused disruptions in their daily lives. The potential scope of the case is significant, with legal experts suggesting that as many as one million current and former Jaguar Land Rover owners could ultimately be eligible to join the litigation.

The GLO was granted to ensure the efficient handling of these mass claims. In this case, the court has set specific procedural milestones. Claimants are required to submit generic particulars of their claims by February 28, 2025. Jaguar Land Rover’s defence must be filed by September 12, 2025, with replies due by the end of November 2025. The court anticipates appointing a managing judge to oversee the litigation by October 2025.

For Jaguar Land Rover, the case poses potential reputational and financial risks. If the claimants are successful, the company could face substantial compensation payments, repairs, and possibly a requirement to address the underlying defects more systematically.

This case also underscores the complexities and costs associated with large-scale legal claims. While GLOs are designed to make the process more efficient, they can still lead to protracted legal battles and significant legal expenses. The outcome of this case may set an important precedent for how similar claims are handled in the future.

Group litigation order costs

The costs implications of a group litigation order, such as the one involving Jaguar Land Rover, can be significant for all parties involved. Group litigation, by its nature, involves substantial legal expenses due to the scale and complexity of the proceedings.

Under CPR Part 46.6, specific provisions apply to costs in group litigation, particularly regarding the distinction between common costs and individual costs. 

Common costs incurred, like those incurred for shared expert evidence or lead cases, are usually split proportionally among all claimants. Individual costs, tied to specific claims, remain separate.

The high costs associated with group litigation can present significant financial challenges for both sides. For Jaguar Land Rover, defending the case involves balancing the costs of extended litigation against the potential financial and reputational risks of settlement.

Claimants, meanwhile, must utilise cost management tools to control expenses and mitigate potential adverse cost risks. Despite these strategies, the sheer scale of this case suggests that its cost implications will be substantial.

How can Greener Costs assist?

Greener Costs have assisted on a number of group litigation cost order matters. We are a team of expert Law Costs Draftsmen & Costs Lawyers with in excess of 25 years combined experience in the field of legal costs and case management.

We feel strongly about transparency as part of the costs process, and ensure our clients are informed about our work every step of the way. All of our costing is completed accurately, following the guidelines and regulations that are in place to ensure a fair legal process for all involved.

In addition to our drafting services, at Greener Costs, we are actively doing everything we can to ensure our business benefits the environment.

We are doing this through carbon offsetting of our staff, becoming completely paperless and carbon offsetting through each instruction.

For a free, no obligation discussion, get in touch using the form at the bottom of the page.