500+ Claimants Lose Group Litigation Order Appeal

The Court of Appeal recently upheld a judge's refusal of a Group Litigation Order in Austin v Miller Argent [2011] EWCA Civ 928.  The appeal was brought by some 500+ potential claimants who hoped to start nuisance proceedings.  Their application for a group litigation order had been refused on grounds that included their potential inability to pay any adverse costs order if the litigation was to proceed, and the lack of detail that had been given about their individual cases. The Court of Appeal also considered the Aarhus Convention and protective costs orders in the context of large scale nuisance claims.  James Pereira acted as lead counsel for the successful appellant, instructed by Paul Stone of DLA Piper.