Jurisdiction(s):
United Kingdom

Getty v Stability AI: representative action under CPR 19.8 rejected; class definition pitfalls, case management, and CPR 19.3 route in AI training copyright claims (England and Wales)

Published on: 17 February 2025

Published by a LexisNexis IP expert

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Article summary

Getty Images (Us), Inc and other companies v Stability Al Ltd [2025] EWHC 38 (Ch)

What are the practical implications of this case?

The decision highlights three practical points when pursuing claims in a representative capacity. Parties must understand the criteria for representative actions (succinctly set out at paragraph [57] of the judgment). In particular:

define the class under CPR 19.8 precisely so every member can be identified
ensure the class definition is not contingent on the litigation outcome; avoid definitions tied to disputed issues
all class members must share the same interest; beware framing issues at too general a level, which unravels on closer analysis

Sensible case management is equally vital, especially in complex disputes. The court repeatedly indicated—adversely to the representative route—that permitting such a claim without clear, worked‑through proposals for how the claim(s) would be dealt with would not sit comfortably with the requirements of the overriding objective...

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