Clarification from Court of Appeal on large groups of claimants bringing proceedings on a single claim form
Although Black Horse Ltd v Angel & Ors [2026] EWCA Civ 831 is a motor finance case, the judgment handed down on 30 June 2026 is expected to influence many areas of mass litigation as it issued significant guidance on the management of large-scale consumer credit litigation. The Court also delivered criticism of the costs and procedural approach by both claimant and defendant representatives.
As well as impacting similar multi-party actions the outcome may affect consumer credit litigation including consumer claims, financial services disputes, product liability, and data breach claims.
In brief, more than 5,000 motorists had brought claims against eight finance companies, alleging that undisclosed commission arrangements between lenders and car dealers created an "unfair relationship" under the Consumer Credit Act 1974. The lenders’ position was that each claimant's circumstances were different, so every claim should be issued separately rather than under a handful of "omnibus" claim forms.
Ultimately the Court of Appeal upheld the High Court’s decision, approving the use of “omnibus” claim forms by the claimant cohort.
The judgment clarifies that the CPR 7.3 requirement permitting multiple claimants to commence proceedings on a single claim form, where the claims can be "conveniently disposed of in the same proceedings", is not confined to the final trial. Further,
- claims do not have to be identical before they can proceed together;
- courts can use lead cases to determine common issues;
- convenience includes case management efficiency, not just the eventual hearing;
- proportionality and access to justice are central considerations.
The decision confirms the courts' increasing willingness to adopt pragmatic case management, particularly where it promotes efficiency and reduces unnecessary duplication, even where individual factual issues remain to be determined. Coulson LJ noted there has been a significant rise in these sorts of claims which is putting increased pressure on the courts, therefore a review of CPR 7.3 by the Civil Procedure Rules Committee to ensure it remains fit for purpose is being considered.
For more information please contact Erica Simpson esimpson@ortolan.com
Posted on 08/01/2026 by Ortolan
