PART 5COLLECTIVE PROCEEDINGS AND COLLECTIVE SETTLEMENTS

Scope and interpretation73

1

The rules in this Part apply to collective proceedings and collective settlement.

2

In this Part—

  • “aggregate award of damages” means an award of damages made by the Tribunal in collective proceedings without undertaking an assessment of the amount of damages recoverable in respect of each represented person;

  • “class member” means a person falling within the class described in the collective proceedings order, or a collective settlement order, as the case may be;

  • “collective proceedings order” means an order made by the Tribunal authorising the continuance of collective proceedings;

  • “collective settlement approval order” means an order of the Tribunal approving a proposed collective settlement;

  • “common issues” means the same, similar or related issues of fact or law;

  • “domicile date” means the date specified in a collective proceedings order or collective settlement order for the purposes of determining whether a person is domiciled in the United Kingdom;

  • “opt-in collective proceedings” has the meaning given in section 47B(10) of the 1998 Act35;

  • “opt-out collective proceedings” has the meaning given in section 47B(11) of the 1998 Act; “proposed class representative” means a person who proposes to be a class representative by applying to the Tribunal to be a class representative; and

  • “represented person” means a class member who, in accordance with rule 82—

    1. a

      has opted in to opt-in collective proceedings;

    2. b

      was domiciled in the United Kingdom on the domicile date and has not opted out of opt-out collective proceedings; or

    3. c

      has opted in to opt-out collective proceedings.