Instead, it will be necessary to consider the subject matter of the claim, its value and complexity. For this reason, while multi-party proceedings may be commenced in the County Court, it is more likely that it will be more appropriate to issue proceedings in the High Court.
As noted above, a GLO governs multiple claims, while a representative action is a single claim brought on behalf multiple parties. An application for a GLO can be made before or after the claims are issued. While it is not necessary to identify all the potential claimants that will be joined once the GLO is made, the courts have emphasised that a GLO should not be used to establish a claimant group, and so an applicant will need to provide supporting evidence to demonstrate that the requisite number of claimants intend to join.