Multiple actions
5.—(1)  In any action under section 6(1) of the Act involving an unfair practice relating to the supply of regulated financial products or services, the amount of the claim or the value of the subject-matter for the purposes of section 6(2) shall be determined based on the aggregate amounts of the claims or the aggregate values of the subject-matters (as the case may be) in —
(a)that action; and
(b)all other actions under section 6(1) of the Act, involving the same unfair practice and between the same consumer and supplier, commenced before that action.
(2)  For the purposes of paragraph (1), actions shall be taken to involve the same unfair practice if the unfair practice complained of in each action is established based on substantially the same facts.
(3)  In applying this regulation, a court may exclude in whole or in part the amount of the claim or value of the subject matter (as the case may be) in any of the other actions referred to in paragraph (1) from being aggregated, if the court is satisfied that it would be just to do so in the circumstances of the case.