Group litigation lets individuals with similar compensation claims unite and seek justice together. Once primarily a US phenomenon, it has evolved into a powerful force in the UK, addressing large-scale legal issues, expanding access to justice, and holding big corporations accountable for misconduct. In this guide, we explore the evolution of group litigation – from early challenges to modern breakthroughs. 

What is Group Litigation?

Group litigation, sometimes called collective action or class action (the latter being more common in the United States), is a legal process where multiple claimants with similar legal claims band together to pursue a case against one or more defendants. It is crucial in tackling mass wrongdoings, providing efficiency and cost savings, especially when individual legal action would be too costly or impractical. 

Research¹ shows a 550% surge in the value of UK competition class actions, soaring to over £26 billion in just one year. This huge rise reflects an increase in the number and severity of violations being pursued by multi-party lawsuits.  

Early beginnings: The origins of group litigation in the UK

Group litigation, though not formally known by that name at the time, was a common feature of medieval English law starting around the 1200s. These early forms of group lawsuits involved collective legal actions, where groups of people, often based on existing societal structures like villages, towns, parishes, and guilds, would sue or be sued collectively in common law courts. However, between 1400 and 1700, this practice gradually shifted from being the norm to an exception. Over time, individual legal actions became more prominent, and the courts moved away from encouraging group-based litigation.² 

In the 19th century, group litigation began to evolve, particularly with the development of representative actions in the Chancery courts. These legal mechanisms allowed individuals with similar claims to be represented by one or more claimants, but they were limited in scope. The process wasn’t yet formalised for large-scale cases, and several challenges remained: 

• Coordinating multiple claimants: Managing a large group of individuals with diverse but related claims was a logistical hurdle. 

• Cost and complexity: Large-scale litigation was often prohibitively expensive, especially for individuals with limited financial resources. 

• Lack of legal framework: Courts were often hesitant to take on cases involving many claimants without structured procedures in place. 

Despite these early hurdles, group litigation began to take shape as the legal system slowly recognised the need for a formal mechanism to address cases involving widespread harm³.  

Key milestones in the evolution of group litigation 

Several pivotal changes have shaped the evolution of group litigation in the UK, making it more accessible and efficient.  

Key milestones include: 

Group Litigation Orders (GLOs) 

Introduced in May 2000, GLOs provide a structured way for managing multiple claims. They require claimants to “opt-in” to an action and streamline the legal process by consolidating similar claims and avoiding duplication of court proceedings. GLOs have been a game-changer, allowing courts to address mass litigation more effectively. 

Supreme Court rulings 

Cases such as the 2020 Uber drivers’ ruling, which determined that Uber drivers were workers, not self-employed contractors, have set important precedents for group litigation cases. 

Successful settlements 

Seeing group actions succeed can also encourage fresh claims. For example, in 2022, Volkswagen agreed to pay around £193 million in compensation to around 91,000 UK car owners after it was accused of installing emission cheating software in some of its diesel vehicles. This was one of the largest group settlements in the UK and it has led to similar claims against other car manufacturers.  

Litigation funding 

The rise of third-party litigation funding has made it easier for solicitors to pursue justice without worrying about costs. Funders provide financial backing to law firms in exchange for a portion of any winnings.  

No-win, no-fee agreements 

Under Conditional Fee Agreements (CFAs) – commonly called no-win, no-fee – solicitors only charge their clients if the case is won, making it easier for people to pursue legal claims without upfront costs. Originally introduced for personal injury cases in 1995, CFAs were later extended to other types of law, including group litigation. 

Changes to the legal system 

By simplifying procedures, courts are making it easier for people to seek justice. For instance, the Court’s decision in Morris v Williams & Co Solicitors has made it easier for claimants by allowing the use of a single claim form in certain group actions, even when there are some differences between claims.  

The evolution of group litigation funding  

No-win, no-fee arrangements became vital in group litigation after the Access to Justice Act 1999 cut back on legal aid for civil cases. This shift led to a rise in Conditional Fee Agreements (CFAs), which allowed individuals to pursue justice without upfront legal costs. CFAs were especially useful in large group actions, like product liability and environmental claims, that gained momentum in the late 1990s and early 2000s. The combination of CFAs with the growth of third-party litigation funding – where external investors finance cases in exchange for a share of any winnings – has made group actions even more viable.  

Modern developments  

Case management technology  

Advancements in technology have significantly influenced the evolution of group litigation. These developments have made it easier to manage large-scale legal cases. Today, legal technology lets law firms handle thousands of individual claimants efficiently, from gathering evidence to communicating updates. Likewise, online platforms have emerged to help claimants join group litigation, making the process smoother and more accessible. 

New areas of litigation 

Over the last few decades, new types of group litigation claims have emerged, including: 

• Data privacy claims: The growing number of data breaches has led to a surge in group actions. Notable cases include British Airways and Ticketmaster, where claimants successfully sought compensation for the mishandling of personal data. 

• Environmental claims: Increasing awareness of environmental issues has resulted in more litigation, as seen in the growing number of cases involving pollution and emissions scandals, such as the ongoing Dieselgate lawsuits. 

• Employment claims: Group actions are increasingly being used to address worker rights and employment issues, such as misclassification of gig economy workers (e.g. Uber drivers and couriers), equal pay claims, and unfair working conditions. 

• Competition claims: Breaches of competition law, such as price-fixing and anti-competitive practices, have led to a rise in group actions. Recent high-profile cases, like the Mastercard consumer group action, demonstrate this growing trend. 

• Product liability claims: Faulty or harmful products continue to be a major source of group litigation – especially with the rise of AI in products. 

These developments demonstrate how group litigation continues to evolve in response to modern legal challenges. 

Media coverage  

The media has played a critical role in the rise and impact of group litigation. One of the most striking examples is the Post Office Horizon Scandal. This landmark case highlights the profound effect of journalism, media attention, and public exposure when it comes to raising awareness, shaping public opinion, and forcing organisations to take accountability for their wrongdoing.  

Consumer claim hubs  

A significant modern development in the group litigation landscape is the rise of claim hubs like Join the Claim. These platforms act as intermediaries, connecting claimants with law firms specialising in group actions. With sophisticated tools to simplify sign-ups and verify eligibility – they make the entire process smoother for both claimants and law firms.  

Claim hubs are particularly valuable because they: 

• Simplify the process: They provide an easy, user-friendly way for claimants to find and join ongoing group actions, ensuring they are matched with the right law firms for their cases. 

• Broaden accessibility: By breaking down barriers such as lack of legal knowledge or a complicated sign up procedures, claim hubs increase the participation rate in group actions. They can be especially powerful in cases where people might not know they have a claim. 

• Increase visibility for group actions: These platforms often use media and online channels to raise awareness of large group claims. This increased visibility helps build momentum behind mass claims, encouraging more claimants to come forward and strengthening the overall case.  

In many ways, claim hubs are transforming group litigation from a daunting legal process into a more accessible and inclusive way to pursue justice. Their role in linking claimants with legal experts is rapidly becoming an integral part of the UK’s group litigation ecosystem. 

The impact on access to justice 

One of the biggest impacts of the evolution of group litigation is how it has improved access to justice. Previously, individuals were often deterred by high costs and complex legal processes, but group litigation has broken down these barriers. In short, by empowering people to join forces and collectively challenge large entities, group litigation is making it easier to seek justice and accountability for corporate wrongdoing.  

Key benefits of group litigation include: 

• Access to legal support: By pooling resources, claimants who might not otherwise afford legal representation can pursue justice. 

• Efficiency: Group litigation consolidates similar claims into a single lawsuit, saving time and resources. 

• Cost savings: Many law firms take on group action cases on a no-win, no-fee basis, reducing the financial risk. 

The future of group litigation in the UK 

Group litigation is transforming the UK’s legal landscape, making it easier for individuals to seek justice and compensation in cases of mass misconduct. And, with the rise of technology and a growing willingness to support collective claims, group litigation is becoming an increasingly accessible and powerful tool. 

With a rise in litigation funding, there is also an increasing number of law firms taking on group cases. These solicitors often offer no-win, no-fee arrangements, so people can sign-up without worrying about upfront legal costs. However, as the number of firms handling group cases grows, it can be difficult to know where to turn for the right legal support. Finding a reputable firm with the right expertise becomes crucial to ensure the best outcome for your case. 

At Join the Claim, we know finding and dealing with solicitors can be daunting. That’s why we’ve simplified the entire process. We spotlight the most pressing consumer injustices and make it simple to check if you’re eligible to join a claim. With easy sign-ups and no legal jargon, we connect you with top law firms ready to fight on your behalf. We’re making legal empowerment straightforward and accessible for everyone. 

For more information on how group claims work, or to find out more about the latest mass action cases, visit Join the Claim. 

1. Thomson Reuters. 
2. Yeazell, Stephen C, Medieval Group Litigation to the Modern Class Action 
3. Chambers and Partners