Jurisdiction(s):
United Kingdom

Key definition

Group definition

What does Group mean? Group describes, in practice, the corporate family around a company: that company, its subsidiaries, its holding (parent) company, and the subsidiaries of that holding company. While “group” itself is a descriptive label, the constituent terms are defined in legislation: in the UK, Companies Act 2006 defines “subsidiary” and “holding company” (s.1159) and “parent/subsidiary undertaking” and “group undertaking” (ss.1161–1162); in Ireland, the Companies Act 2014 defines “subsidiary” and “holding company” (eg s.7). Practitioners commonly incorporate those statutory definitions by reference. Typical contractual usage is: in relation to a company, that company, any subsidiary or holding company [from time to...

Group proceedings in Scotland under RCS Chapter 26A: representative authorisation and permission—procedure, tests and case law

Published by a LexisNexis Dispute Resolution expert

Practice notes

Civil justice reform

See our Practice Note: Civil justice reform in Scotland—virtual hearings and electronic submission of documents for up‑to‑date guidance on the current rules and day‑to‑day practice of the Scottish civil courts in relation to remote hearings and the electronic signing, electronic transmission and lodging of documents.

This Practice Note outlines Group procedure in Scottish civil litigation and carefully addresses the preliminary applications that must be sanctioned by the court before any group proceedings can properly be commenced.

It opens with a concise account of the origin and the core statutory framework governing group procedure.

It then considers the two applications requiring the court’s approval before such proceedings may start: the application to authorise the proposed representative and the application seeking permission to bring group proceedings.

For practical guidance on the conduct of group proceedings after permission has been granted, see Practice Note: Group procedure in Scottish civil litigation—procedure after permission granted.

For guidance on the following:

issues to consider before bringing a civil claim in a Scottish court
how to start and progress a civil claim in Scotland

see: Scottish DR: prescription and limitation—overview, Scottish DR: starting a claim—overview and Scottish DR: case management and evidence—overview...

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Colin Hutton

CMS Cameron McKenna Nabarro Olswang LLP

Colin Hutton has over 25 years' experience in dispute avoidance and resolution. He is dual qualified and advises on both English and Scots law matters, including litigations, arbitrations and mediations. He has significant experience working with energy and climate change and financial services sector clients. He also advises on shareholder disputes and disputes relating to corporate transactions, including misrepresentation, fraud and bribery issues.Colin specialises in the project management of the dispute resolution process. He is a keen advocate of alternative dispute resolution and regularly uses mediation to effectively resolve disputes. Colin is a member of the CMS Cyber Breach team and regularly leads on assisting clients with managing data breaches. He has a specific interest in class actions and collective redress....

Amy Cornelius

CMS Cameron McKenna Nabarro Olswang LLP

Amy is a commercial litigator with extensive experience of the Scottish Court System, with particular expertise in high value, complex litigation in the Court of Session. She acts in relation to contractual disputes; class actions; insolvency proceedings; Judicial Review; procurement challenges; public inquiries and statutory/regulatory appeals. Amy represents clients across a range of sectors including transport; education; food and drink; healthcare; public sector; hotels and financial services and has experience in cross-border cases in England & Wales; the Middle East; and the British Virgin Islands.In recent years, she has been regularly instructed in the use of Alternative Dispute Resolution, including expert determinations and mediation, as well as clients seeking advice on dispute avoidance and reputation management....

Joanna Clark

CMS

Joanna Clark is a Professional Support Lawyer specialising in commercial litigation and dispute resolution. She moved into her current role at CMS Cameron McKenna Nabarro Olswang LLP after 23 years in practice during which she focused on commercial litigation, banking and insolvency litigation, tax disputes and public law litigation. She was accredited as a specialist in insolvency by the Law Society of Scotland from 2011-2021....

Web page updated on 22/05/2026

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