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2001 No. 2720
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
QUEEN'S BENCH DIVISION

__________________

Tuesday the 12th day of February 2002
Before the Honourable MR. JUSTICE COGHLIN

BETWEEN:

CHARLES WAYNE McCLURG

Plaintiff:

and

CHIEF CONSTABLE OF THE ROYAL ULSTER CONSTABULARY
and POLICE AUTHORITY FOR NORTHERN IRELAND

Defendants:

__________________________

The above entitled action being in the list this day to be mentioned AND UPON hearing Counsel for the said Charles Wayne McClurg and the Plaintiffs listed in the Schedule annexed to the Writ of Summons herein and upon hearing Counsel for the Defendants,

IT IS ORDERED THAT:-

1. 1. that issues common to all Plaintiffs or any group of Plaintiffs, should be defined and litigated in a single case or group of cases, with the results thereof to be binding on the Defendants and all relevant Plaintiffs, in a manner to be ordered hereafter.
   2. that in the event of Plaintiffs being liable for the costs of any such issue, the liability of each Plaintiff be several and be limited to his/her share of the generic costs of such issue including a pro rata proportion of the costs of work done in identifying and selecting issues and work done in the co-ordination and administration of the litigation, such share to be determined in accordance with the Costs Sharing Agreement.
   3. that in the event of Plaintiffs being awarded the costs of any such issue, such costs shall include, subject to assessment, a pro rata proportion of the costs of work done in identifying and selecting issues and work done in the co-ordination and administration of the litigation. Such share to be determined in accordance with the Costs Sharing Agreement.
   4. that in the event of any Plaintiff discontinuing his/her claim or having his/her claim struck out prior to the determination of the common issues affecting his/her claim (hereinafter referred to as a discontinuing/stick out Plaintiff):
      1. he/she is liable immediately for the Defendants costs relating to his/her individual claim; and
      2. the question whether he/she is entitled to or liable for generic costs shall be determined by the Court following the trial of common issues with liberty to apply if such trial does not take place.
   5. that in the event of any Plaintiff negotiating a settlement of his/her claim, prior to the determination of the common issues affecting his/her claim, liability for the costs of his/her action shall be a matter for negotiation in such settlement, with liberty to other Plaintiffs to apply to the court.
   6. that any generic costs payable to the Defendants shall be paid to the co-ordinating solicitors.
   7. that the costs for solicitors for Plaintiffs in the Group Action (other than the co-ordinating solicitors' costs) shall henceforth not be recoverable save - (1) for work done pursuant to a request by the co-ordinating solicitors or (2) as may be the subject of specific application to the court by that other solicitor.
   8. that in pursuance of the above, Plaintiffs joining the Register will become parties to the Costs Sharing Agreement which is appended to this order.

2. That this application be adjourned for further directions in this Group Action to 12th March 2002.

3. That the parties have liberty to apply.

Proper Officer

Time occupied: Under 1 hour
Filed: 20th March 2002