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THE ADMIRALTY & COMMERCIAL COURTS GUIDE 2006

 

L  Multi-party Disputes
L1   Early consideration
L1.1   Cases which involve, or are expected to involve, a large number of claimants or defendants require close case management from the earliest point. The same is true where there are, or are likely to be, a large number of separate cases involving the same or similar issues. Both classes of case are referred to as "multi-party" disputes.
L1.2  
(a)   The Judge in Charge of the List should be informed as soon as it becomes apparent that a multi-party dispute exists or is likely to exist and an early application for directions should be made.
(b)   In an appropriate case an application for directions may be made before issue of a claim form. In some cases it may be appropriate for an application to be made without notice in the first instance.
L2   Available procedures
L2.1   In some cases it may be appropriate for the court to make a Group Litigation Order under Part 19 of the Rules. In other cases it may be more convenient for the court to exercise its general powers of management. These include powers
 
(i)   to dispense with statements of case;
 
(ii)   to direct parties to serve outline statements of case;
 
(iii)   to direct that cases be consolidated or managed and tried together;
 
(iv)   to direct that certain cases or issues be determined before others and to stay other proceedings in the meantime;
 
(v)   to advance or put back the usual time for pre-trial steps to be taken (for example the disclosure of documents by one or more parties or a payment into court).
L2.2   Attention is drawn to the provisions of Section III of Part 19, rules 19.10-19.15 and the practice direction supplementing Section III of Part 19. Practitioners should note that the provisions of Section III of Part 19 give the court additional powers to manage disputes involving multiple claimants or defendants. They should also note that a Group Litigation Order may not be made without the consent of the Lord Chief Justice: PD 19 B Paragraph 3.3(1).
L2.3   An application for a Group Litigation Order should be made in the first instance to the Judge in Charge of the List: PD 19 B Paragraph 3.5.