Mark Allsopp v Bayerische Motoren Werke Akteingesellschaft & Ors
[2023] EWHC 2710 (KB)
Karen Louise Tongue & Ors v Bayer Public Limited Company & Ors
14 July 2023
[2023] EWHC 1792 (KB)
High Court
Many women sued Bayer because of problems with the Essure birth control device. The court decided the best way to handle all these similar lawsuits together is to use a special legal procedure called a Group Litigation Order (GLO), making things fairer and cheaper for everyone involved.
Key Facts
- •Approximately 200 women claimants had the Essure contraceptive device fitted.
- •Claimants allege the Essure device was defective under section 3 of the Consumer Protection Act 1987 and/or negligently provided.
- •Claimants suffered injuries including pain, abnormal bleeding, device migration, and other complications.
- •Many claimants also have clinical negligence claims against treating doctors (stayed pending GLO outcome).
- •The first and second defendants (Bayer) supported the GLO application.
- •Other claimants represented by different firms consented to the GLO and Pogust Goodhead as lead solicitors.
Legal Principles
A Group Litigation Order (GLO) can be made where there are or are likely to be a number of claims giving rise to common or related issues of fact or law.
CPR 19.21, CPR 19.22
A GLO must contain directions about the establishment of a group register, specify GLO issues, and specify the management court. It must be made in the King's Bench Division with the President's consent.
CPR 19.22
Before applying for a GLO, consultation with the Law Society's Multi Party Action Information Service is recommended. Consideration should be given to whether consolidation or representative parties rules are more appropriate.
PD 19B
To make a GLO, the court must be satisfied that claims give rise to common or related issues and there are sufficient claimants seriously intending to proceed. The court has discretion to make the order.
Alyson Austin and Others v Miller Argent (South Wales) Limited [2011] EWCA Civ 928
Outcomes
The court recommended a GLO be made to the President of the King's Bench Division.
The threshold tests for a GLO were met (sufficient claimants with common issues). A GLO was deemed the most effective method for managing the claims justly and proportionately, considering factors such as individual claim funding difficulties, risk of inconsistent judgments, and cost-effectiveness of collective case management.