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Nadia Whittaker successfully defends an application for a GLO

Nadia Whittaker instructed by Joseph McCaughley of Medical Protection Society on behalf of a dental practice in Hoddeston, Hertfordshire and its owner Dr Shah, the dentist at the practice, successfully defends an application for a Group Litigation Order made by Cleversons Solicitors on behalf of patients who have been exposed to a risk of contracting blood borne viruses as a result of an admitted breach of duty by a hygienist, Ms Parikh, who worked at the practice.  Cleversons Solicitors  were instructed by 26 potential Claimants and were arguing that a GLO was required so that the litigation could be advertised to other patients in this position as some 563 have been notified by Dr Shah and Public Health England about their exposure.

Her Honour Judge Melissa Clarke sitting as Designated Civil Judge for Thames Valley, Bedfordshire & Hertfordshire dismissed the application for a Group Litigation Order, describing it as “both inadequate and premature”.  The Judge also heard arguments on whether or not QOCS applies on an application for a GLO in circumstances where no claims have been issued and reserved her judgment on this point.  The Judge described this issue in the course of the submissions as a novel point, not addressed by authorities. The Defendants argued that since no proceedings were afoot, on the plain interpretation of CPR 2.3 and CPR 7.2, there could not be any “proceedings” to satisfy the requirements of CPR 44.13 and QOCS did not apply.

The judgment can be found here.


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