Any decision made in respect of a test case will generally be binding on the remaining claims, at least in respect of the common issues in the action.
In some cases, claims may be selected on a random basis, but the court may alternatively order the parties to select test cases between them. Careful consideration will need to be given to identifying appropriate test claims for this purpose. For obvious reasons, the claimants will wish to present their strongest case, while the defendants will want the court to consider the weakest, but including too many cases will inevitably reduce the efficiencies of ordering test claims in the first place. The court will also be concerned to ensure that the test cases cover a range of fact patterns and that all of the common issues in the action are addressed, even if not every test case covers every issue.