The Representative Rule Regime

Abstract This chapter examines the representative rule regime under CPR 19.8, which allows a claimant to act on behalf of others who share a common interest in a claim. It traces the rule's evolution, particularly after the Supreme Court's 2021 decision in Lloyd v Google, which significantly liberalized its application. The chapter outlines the rule's key requirements, including numerosity and shared interest, and addresses issues like bifurcation, individual damages, and costs liability. It also discusses the status of class members, suggesting they hold a hybrid status, blending characteristics of both true parties and represented non-parties. Finally, the chapter concludes that the representative rule regime occupies a middle ground, with the status of class members evolving as case law progresses.