How Does a Group Action Progress?

Group actions are where several people face the same, or similar issue, and make claims against the same Defendant. To be part of a group action, all the claimants involved will have claims based on the same key issues.  

The process of a group action can take time due to the investigations into each individuals claim, gathering evidence and coordinating all claimant information. This means that while it can appear like slow progress, behind the scenes our group action team are consistently working to pursue the action.

Registering Interest and Initial Assessment 

If you are interested in joining a group action, the first step is to make an enquiry.  

Once we receive your enquiry, our team will begin an initial assessment to understand your experience and determine whether your circumstances may be suitable for the claim. During this stage, we will carry out basic eligibility checks, gather early information, and review whether your case shares common features with others who have come forward. This helps us understand whether claims are connected by similar issues or experiences. 

It is important to note that registering an interest does not automatically mean you will become part of the group action. Each case is carefully assessed on an individual basis by our legal team to ensure that anyone who progresses has an appropriate claim in their own right. 

This process helps ensure that only suitable claims move forward, providing clarity and reassurance for everyone involved from the outset.

Investigation and Evidence Gathering 

Investigating each claim and gathering relevant evidence is the longest stage of this process. Within this stage we will gather and review and documentation or records that are relevant to your claim, such as your medical records or witness statements. Our team will then investigate any potential patterns between cases to determine whether they have consistencies with the group action.  

Obtaining records and the evidence needed is not always a straightforward and quick process. Our team often experience delays due to waiting for responses from Freedom of Information requests or incident reports. Delays also often incur while waiting for disclosure of records from the defendant. 

Where necessary, the team may also consult independent experts to help analyse evidence and provide professional opinions. These steps are essential to fully understand what happened and to ensure the strongest possible foundation for the claim.   

At times, this stage can feel quiet from a client’s perspective, and you may feel as though little is happening. However, much of the work during this period takes place behind the scenes. Progress often depends on receiving information from external organisations, which can take time. 

Coordinating the Group Action 

A specialist legal team is assigned to each group action to coordinate the claims and oversee the wider investigation. Even within a group claim, each claimant will have their own dedicated case handler that will provide updated and remain your specific point of contact. Having a specialised team allows everyone’s individual claim to benefit from shared expertise and coordinated investigation, while still ensuring that each person’s experience is handled with care and attention.

Engagement with the Defendant 

Once enough evidence has been gathered, we can then engage the defendant on your behalf. At this stage, the course action will be considered by both parties, and Francesca Paul, a partner in our clinical negligence team, shares that at this time it will also be determined if the defendant is willing to engage constructively and work towards addressing the issues raised by the claims. Where this happens, early discussions can help establish a clear and coordinated way of managing the group action. 

These conversations may involve organisations such as: 

• NHS Trusts 

• Healthcare providers 

• NHS Resolution 

Sarah Low, a team leader in our clinical negligence team, shares insight that these discussions between parties may also include whether a specific process or protocol should be used to manage the claims collectively and ensure consistency throughout the process. 

The aim of this stage is to explore how the claims should progress and whether a coordinated approach can help address the issues identified during the investigation. While this does not mean the claims will be resolved immediately, it can help provide structure and direction for the next steps.

Legal Strategy and Next Steps 

After communicating with the defendant and establishing the direction of the group action, your specialist group action team will decide the most appropriate strategy based on what the investigation has shown and how the defendant has responded so far. There are a few possible paths at this stage:  

• Continued negotiations  

• Formal legal proceedings  

• Structured settlement discussions 

The decision about which path to take are guided by the strength of the evidence found, the level of engagement we get from the defendant, and, most importantly, what is in your best interest as the claimant. 

As the strategy develops, you will be kept informed of any important updates and next steps. Our aim is to ensure you understand how the claim is progressing and what to expect as the process moves forward.

Resolution of Claims 

Group actions can conclude in differing ways depending on how the claims progress and whether agreement can be reached between the claimant and defendant. 

In some cases, claims may be resolved through a negotiated settlement, where an agreement is reached without the need for court proceedings and in others court proceedings may be necessary to determine certain issues. Sometimes, a combination of both approaches is used, where some issues within a claim are resolved through discussion while others are decided by the court. 

It is important to understand that, although parts of a group action may be handled collectively, each claim is ultimately resolved on an individual basis because every claimant’s circumstances are unique. This means outcomes are assessed separately to reflect their personal experience and the impact the issues have had on them. In turn, any compensation awarded will be based on the individual details of each claim.

Why Some Stages Take Time 

It is natural to wonder why parts of the process can take time, especially during quieter periods. Delays may occur while waiting for medical records, disclosure from defendants, incident report investigations, Freedom of Information responses, or expert evidence. These steps are a normal and necessary part of building a clear understanding of what happened. 

Although there may be periods of waiting, this does not mean the claim is not progressing. Much of this time is spent obtaining and reviewing crucial evidence to support the claims moving forward.