{"id":142102,"date":"2026-06-10T09:48:24","date_gmt":"2026-06-10T09:48:24","guid":{"rendered":"https:\/\/my.legal500.com\/guides\/?post_type=comparative_guide&#038;p=142102"},"modified":"2026-06-10T11:30:53","modified_gmt":"2026-06-10T11:30:53","slug":"united-kingdom-class-actions","status":"publish","type":"comparative_guide","link":"https:\/\/my.legal500.com\/guides\/chapter\/united-kingdom-class-actions\/","title":{"rendered":"United Kingdom: Class Actions"},"content":{"rendered":"","protected":false},"template":"","class_list":["post-142102","comparative_guide","type-comparative_guide","status-publish","hentry","guides-class-actions","jurisdictions-united-kingdom"],"acf":[],"appp":{"post_list":{"below_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">Penningtons Manches Cooper LLP<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/my.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2025\/03\/PMC-logo.jpeg\"\/><\/span><\/div>"},"post_detail":{"above_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">Penningtons Manches Cooper LLP<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/my.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2025\/03\/PMC-logo.jpeg\"\/><\/span><\/div>","below_title":"<span class=\"guide-intro\">This country specific Q&amp;A provides an overview of Class Actions laws and regulations applicable in United Kingdom<\/span><div class=\"guide-content\"><div class=\"filter\">\r\n\r\n\t\t\t\t<input type=\"text\" placeholder=\"Search questions and answers...\" class=\"filter-container__search-field\">\r\n\t\t\t<\/div>\r\n\r\n\t\t\t\r\n\r\n\r\n\t\t\t<ol class=\"custom-counter\">\r\n\r\n\t\t\t\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Does your jurisdiction have a class action or collective redress mechanism? If so, please describe the mechanism(s) and outline the principal sources of law and regulation and its overarching impact on the conduct of class actions in your jurisdiction.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>There are several procedural mechanisms for bringing class actions in England:<\/p>\n<p>\u2022 Class actions can be started in a single claim form (also known as an &#8216;omnibus&#8217; claim form) if it can be shown that the claims can be &#8216;conveniently disposed of in the same proceedings&#8217; (CPR 7.3). This is the simplest and most flexible option for bringing a class action.<\/p>\n<p>\u2022 Multiple claims can be managed by the court under a group litigation order (GLO) (CPR 19.21). A GLO will be ordered by the court if the claims give rise to common or related issues of fact or law. GLOs impose more control over the proceedings, including a &#8216;cut-off date&#8217; for claims.<\/p>\n<p>\u2022 A class action can be brought via a representative claim (CPR 19.8), where only the representative party (or parties) bring the claim on behalf of the class. This has economic efficiencies for claimants, as the class can be represented on an opt-out (or opt-in) basis. However, the claimants must have the &#8216;same interest&#8217; in the claim. This is a strict test.<\/p>\n<p>\u2022 Consumer competition class actions can be brought under Collective proceedings orders (CPOs) in the Competition Appeal Tribunal (CAT). These claims can also be brought as representative claims (including on an opt-out basis) but the claims must raise similar or related issues of fact or law.<\/p>\n<p>\u2022 Cases on issues of importance to the market generally and meeting certain criteria can also be pursued as Test cases under the Financial Markets Test Case Scheme in the Financial List (CPR PD 63AA) and also under the Commercial Court&#8217;s &#8216;Test and grouped cases&#8217; active case management scheme.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the history of the development of the class actions\/collective redress mechanism and its policy basis in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Class actions for consumer competition disputes were introduced under the Consumer Rights Act 2015. This legislation provided, for the first time, the equivalent of a US-style class action regime for private competition litigation on an opt-out basis. Opt-out class actions on a large scale have been enabled by the development of the litigation funding market, which has mitigated the significant legal costs of litigation. The other procedural mechanisms for group litigation are well established (and have been available to claimants for over 100 years). However, outside of the competition sphere, it is only relatively recently (possibly driven by the success of CPOs in the CAT), that larger-scale class actions have been pursued.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the frequency of class actions brought in your jurisdiction (divided by type of claim, as applicable), in terms of number of cases over the years and\/or comparison to other types of litigation?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>While there is no data on the number of class actions brought via single claim forms, the number of reported judgments and settlements for class actions has markedly increased in recent years. Published records show that 125 GLOs have been issued and 27 CPOs have been certified. While as a proportion of total claims, class actions make up a relatively low percentage, the size of the class in some competition claims is so significant that it is estimated to be eight times greater than the population of the UK.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there certain courts or types of claims that are most prevalent (for example competition vs commercial litigation generally)?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Claims certified under CPOs in the Competition Appeal Tribunal typically have the largest class size and the highest value. However, there is also an upwards trend in ESG claims in the High Court, both as GLOs and omnibus claims. The number of securities class actions issued in the courts is also increasing, although there have been few claims which have yet reached trial.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the definition of 'class action' or 'collective redress' relevant to your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Class actions and collective redress mechanisms are not subject to an umbrella definition. Different procedural mechanisms impose their own restrictions and defined terms. For example, competition claims can be &#8216;certified&#8217; as CPOs and group litigation in the court can proceed as a GLO. Fundamentally, whenever the court is dealing simultaneously with multiple claimants or claims in which common issues arise, it can be considered to be a class action.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the general 'triggers' for commencement of a class action or collective redress in your jurisdiction from a factual perspective?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The triggers depend on the mechanism adopted. In the Competition Appeal Tribunal, the trigger is certification of the CPO. In other courts, the trigger may be a party applying for a GLO or the court imposing active case management on multiple claims relating to common issues. For claims proceeding under omnibus claim forms, the trigger may simply be the existence of sufficient claimants who have suffered loss as a result of common or related issues of fact or law.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How do class actions or collective redress proceedings typically interact with regulatory enforcement findings? e.g. competition, environmental or financial regulators?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Class action proceedings are often commenced following regulatory findings on liability. This is legislated for under section 47A(2) of the Competition Act 1998 (CA), which specifically permits claims to be brought on the basis of an existing infringement decision in the Competition Appeal Tribunal (known as a &#8216;follow-on&#8217; claim). Sections 58 and 58A of the CA provide that the tribunal is bound by any findings of fact made by the Competition and Markets Authority during an investigation into competition law infringement and by any final infringement decision.<\/p>\n<p>Findings made by environmental regulators (in any jurisdiction) will typically be utilised as evidence in a subsequent class action, and will strengthen civil law claims. Many of the recent large-scale class actions in the English courts have resulted from environmental regulators&#8217; findings overseas, where liability has subsequently been imposed on a UK parent company. However, investigations by regulators can take place in parallel with civil proceedings. In the UK, the Office for Environmental Protection also has enforcement powers of its own.<\/p>\n<p>Similarly, a ruling by a financial regulator may act as the basis for a class action against a financial institution for misleading statements, acts or omissions. Where that ruling involves a breach of a Financial Conduct Authority (FCA) or Prudential Regulation Authority rule, the breach is actionable by a private person who suffers loss as a result. This type of claim could be pursued on a group basis under section 138D of the Financial Services and Markets Act 2000 (FSMA).<\/p>\n<p>However, where the FCA imposes a consumer redress scheme under section 404 FSMA, this can restrict the possibility of a class action. The FCA has wide regulatory powers to secure redress for consumers, where it considers breach of its rules has caused loss to consumers or counterparties. The FCA and the Solicitors Regulation Authority have also imposed fee caps on lawyers in relation to certain financial claims, effectively forcing individual claimants whose claims are in scope to first try to resolve their claims through the Financial Ombudsman Service.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What types of conduct and causes of action can be relied upon as the basis for a class action or collective redress mechanism?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Outside of the defined criteria required for competition claims and test cases under the Financial Markets Test Case Scheme in the Financial List, any type of conduct or cause of action can found a class action. The cause of action needs to have affected a group of people and ranges from financial services disputes to environmental claims.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there any limitations of types of claims that may be brought on a collective basis?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>There is no universal limitation on the type of claim that can be brought on a collective basis. However, there are limitations on the types of claims that can be brought under some procedural mechanisms. For representative claims, all claimants must have the same interest in the claim and the courts have indicated that representative claims cannot be pursued where an individual assessment of damages is required.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Who may bring a class action or collective redress proceeding? (e.g. qualified entities, consumers, companies etc)<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Any natural or legal person may bring class action proceedings in England. It is worth noting, however, that as part of its certification process the CAT will assess whether it is &#8220;just and reasonable&#8221; for the proposed representative to act as a class representative.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there any limits on the nationality or domicile of claimants in class actions or collective redress proceedings?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>There are no limits on the nationality or domicile of claimants who may bring claims on a collective basis, so long as the High Court or the CAT determines that it is appropriate for the claims to be managed and heard using one of the available class action mechanisms. In Emerald Supplies Ltd &amp; Anor v British Airways Plc [2009] EWHC 741 (Ch), the High Court specifically confirmed that geographical spread will not preclude a representative action (at para. 30).<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there any limitations on size or type of class?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>There is no blanket limitation on size or type of class. The only limitation for a group claim brought in an omnibus claim form is the convenience of the court. The court has also held that the manageability of litigation should not influence the court&#8217;s assessment of whether a properly arguable claim is an abuse of the court&#8217;s process.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there any requirements or prohibitions in sourcing this class?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Yes, there are regulations governing solicitors&#8217; and claims management companies&#8217; conduct in marketing and sourcing the class which, in summary, prohibit direct, unsolicited approaches to members of the public. There are also regulations governing the level of fees that can be charged in relation to certain claims.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Which courts deal with class actions or collective redress proceedings?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Competition class actions are dealt with in the Competition Appeal Tribunal. Other class actions are dealt with in the High Court.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there any jurisdictional obstacles to class actions or collective redress proceedings?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The jurisdictional rules governing class actions are the same as for all other claims. There are no specific obstacles from a jurisdictional perspective that apply only to class actions.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Does your jurisdiction adopt an \u201copt in\u201d or \u201copt out\u201d mechanism?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Both mechanisms are available but opt-in is by far the more frequent for court claims. In the competition sphere, opt-out claims are more prevalent. Outside of the Competition Appeal Tribunal, an opt-out claim can only be brought as a representative claim.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is required (i.e. procedural formalities) in order to start a class action or collective redress claim?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>For multiple claims in an omnibus claim form, the claim is started by issuing the claim in the High Court. At an early case management stage, the court will usually direct whether it determines it is convenient for the claim to continue as an &#8216;omnibus&#8217; claim.<\/p>\n<p>For a GLO, multiple claims can be issued at court (with different solicitors representing different groups of claimants). The GLO itself is &#8216;started&#8217; when the court makes a GLO order. At that point, the claims will be added to the GLO register and a cut-off date will normally be issued for other claims to join the GLO.<\/p>\n<p>For representative claims, the claim is started by the claim being issued at court. While the claim does not require the court&#8217;s permission to be issued in a representative capacity, there will normally be a procedural hearing (either on the application of the defendant or as part of the case management process) at which the court will decide whether the claim can be permitted to continue as a representative claim or not.<\/p>\n<p>For CPOs in the Competition Appeal Tribunal, the claim is started by issuing a collective proceedings claim form describing the proposed class, the proposed class representative and whether the claim is intended to be pursued on an opt-out or opt-in basis. The proceedings are started if the CPO is certified as being eligible to proceed and the class representative authorised.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What other mandatory procedural requirements apply to these types of matters?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>For an omnibus claim, there are currently no other mandatory procedural requirements. While the claim will typically proceed via the selection of lead or sample claimants, this is a flexible process determined at the court&#8217;s discretion. The Court of Appeal has recently considered the use of omnibus claims, and the outcome in the joined cases of Angel v Black Horse Limited and others will likely dictate the future parameters of omnibus claims.<\/p>\n<p>For GLOs, once the court has made the GLO order, all claims must generally be issued by the cut-off date and normally in the same court. The court may impose additional procedural requirements as part of the GLO. Lead or test cases are typically selected and a judgment on a GLO issue will normally be binding on all other claims on the GLO register. Specific costs rules in relation to GLOs will also normally be ordered by the court.<\/p>\n<p>Representative claims are not subject to other mandatory procedural requirements but the court will need to be satisfied that all claimants have the same interest in the claim and that there is no conflict in the class representative representing the entire class.<\/p>\n<p>For competition claims, once a CPO is certified, the court will continue to monitor and evaluate the class representative&#8217;s ability to establish and evidence loss on a class-wide basis if the matter proceeds to trial.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are normal civil procedure rules applied to these proceedings or a special set of rules adopted for this purpose?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Yes, class actions follow normal civil procedure rules with some adaptations depending on the procedural mechanism used. For example, under a GLO there will be additional case management by the court regarding the cut-off date for claims and specific cost rules will apply. Claims certified as a CPO in the Competition Appeal Tribunal are also subject to additional rules governing the class representative&#8217;s conduct of proceedings. For the most part, the claim otherwise follows the normal civil procedure rules.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How long do these cases typically run for?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Larger class actions typically run for several years before settlement or trial. Smaller class actions may be resolved more quickly. While the courts adopt active case management and can impose sanctions where the parties fail to adhere to the proposed timetable, the minimum time between issue and trial is likely to be at least 18 months.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What remedies are available to claimants in class action or collective redress proceedings?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>All of the remedies available from the English courts are available to class action claimants. An award of damages is the most common remedy but the courts can also order specific performance and other remedies.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the measure of damages for any financial remedies for class actions or collective redress proceedings?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The measure of damages depends on the basis for the claim. Most class actions are founded in tort, where damages aim to put the claimant back into the position they would have been in had the tortious act not been committed. Where a class action is founded in contract (less common), the measure of damages is calculated to put the claimants in the position they would have been had the contract been performed. In a CPO, an aggregate award of damages may be awarded without undertaking an assessment of the amount recoverable for each class member. Case law has established that the only requirement for an award in a CPO is that the distribution is fair and reasonable.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are punitive or exemplary damages available for class actions or collective redress proceedings?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Punitive or exemplary damages are rarely awarded by the English courts and would not typically be awarded in the kinds of claims that are subject to class actions. They are available in precise and limited circumstances when authorised by statute or case law.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is a judge or multiple judges assigned to these cases?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Most hearings (aside from appeal hearings) are dealt with by just one judge \u2013 and that judge is normally appointed just before trial (i.e. not at an earlier stage in proceedings).<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are class actions or collective redress proceedings subject to juries?  If so, what is the role of juries?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>No, class actions are not subject to jury trials.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is there any prescribed procedural mechanism for the collective settlement of class actions or collective redress proceedings?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The only mechanism operating outside of the normal civil procedural rules (which require parties to notify the court if a claim settles), is for opt-out CPO proceedings. Where an opt-out CPO settlement is reached, it must be approved by the Competition Appeal Tribunal under a collective settlement approval order. Such an order will be made where the tribunal is satisfied that its terms are just and reasonable.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is there any judicial oversight for settlements of class actions or collective redress mechanisms?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Outside of the Competition Appeal Tribunal, the court will not investigate or approve the terms of the parties&#8217; settlement, unless the settlement involves children or protected parties.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is there any prescribed procedural obligation to undertake alternative dispute resolution (outside of the court system) and, if so, a specified format?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Before any claim (including a class action) is commenced, the parties are required to try to reach agreement pursuant to any specific or general pre-action protocol. While alternative dispute resolution at that point is not mandatory, it is strongly encouraged. Once proceedings are issued, the courts can stay claims and have the power to order parties to engage in alternative dispute resolution. Such an order is at the discretion of the courts and is rarely granted, to ensure it does not prejudice the parties&#8217; right to a fair trial. While parties cannot generally be forced to enter into alternative dispute resolution (absent an order from the court), the courts can (and do) impose costs sanctions on parties for unreasonably refusing to undertake alternative dispute resolution.<\/p>\n<p>In the Competition Appeal Tribunal, there is no statutory requirement to have attempted alternative dispute resolution before issuing proceedings but it is a factor it will consider when certifying a CPO.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What litigation funding models are available for a class action or collective redress.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>There are a variety of litigation funding models available for class actions. The main options seen most frequently are: conditional fee agreements (&#8216;no win, no (or low) fee&#8217; agreements), where the client pays their lawyers different amounts depending on the outcome of the case; damages-based agreements, where the client pays their lawyer a percentage of the damages they recover; and litigation funding agreements, where third party finance is provided for some or all of the legal costs in return for a fee, usually linked either to the recovery made by the litigant or a multiple of the finance provided. Are there any restrictions on third-party funding of a class action or collective redress?<\/p>\n<p>Damages-based agreements (DBAs) are currently unenforceable in opt-out CPOs in the Competition Appeal Tribunal. Additionally, in 2023, the Supreme Court ruled in R (on the application of PACCAR Inc and others) v Competition Appeal Tribunal and others [2023] that litigation funding agreements between claimants and third party litigation funders constituted damages-based agreements and were therefore unenforceable in the context of \u201copt-out\u201d CPOs. This decision also rendered other funding agreements outside of the competition sphere unenforceable, to the extent that existing litigation funding agreements did not comply with the DBA regulations. While the UK Government has announced its intention to legislate to reverse this court ruling, the legislation has not yet been enacted.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the top three emerging business risks that are the focus of class action or collective redress litigation?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p><strong>1) Securities class actions<\/strong><\/p>\n<p>While still in its infancy in comparison to other jurisdictions, securities class actions are an increasing risk for UK businesses. Shareholders can bring claims under Section 90A of the Financial Services and Markets Act 2000 (FSMA) against listed companies where published information contains misleading statements or omissions. This type of claim can be brought where misleading market information is contained in annual reports or press releases addressed to the market as a whole, rather than individually communicated to specific investors. Claims can also be made under Section 90 FSMA regarding misleading statements or omissions in listing particulars. These kinds of claims are typically brought in the High Court either under a GLO or as an omnibus claim, with the selection of lead or sample claimants. Following the decision in Credit Suisse Life v Ivanishvili, in which the court held claimants no longer need to show awareness of false representations to bring claims in deceit, the bar for such claims by passive institutional investors has been significantly lowered. It is expected that this may pave the way for claimants to bring more securities litigation claims against UK listed companies under Section 90A Schedule 10A FSMA.<\/p>\n<p><strong>2) ESG class actions<\/strong><\/p>\n<p>The regulatory landscape for mandatory ESG disclosures is fast-paced and an increasing litigation risk. Businesses, especially those operating in multiple jurisdictions, face a range of novel and difficult potential class actions. In the English courts, these include claims against parent companies for actions taken by overseas subsidiaries. Such claims can include vast numbers of overseas claimants and can proceed in the courts via an omnibus claim or GLO. In Limbu v Dyson [2026] EWHC 38(KB), the court gave guidance on how complex, high-value group litigation involving large numbers of claimants should be managed. Although the case settled before trial, the court expressly indicated that adaptations to the trial process could be required to manage the inequality of arms frequently found in ESG claims, and encourage the use and careful selection of lead claimants to minimise costs and maximise efficiency. ESG claims have not yet successfully been the subject of a representative claim.<\/p>\n<p><strong>3) Competition class actions<\/strong><\/p>\n<p>Many claims certified as CPOs in the Competition Appeal Tribunal relate to alleged unfair pricing or practices across a range of industries from train companies to technology companies. In Gutmann v Apple Inc &amp; Ors [2025] EWCA Civ 459, the Court of Appeal upheld the ability of the Competition Appeal Tribunal to order that the litigation funder&#8217;s fee (or return) could be paid out of damages awarded to the class, prior to distribution of damages to the class.<\/p>\n<p>In Dr Rachael Kent v (1) Apple Inc. (2) Apple Distribution International Ltd [2025] CAT 67, the Competition Appeal Tribunal granted judgment under section 47B of the Competition Act 1998 to the claimant, the first such collection action to succeed at trial. The judgment means that approximately \u00a31.5 billion in compensation is set to be distributed to millions of UK consumers and businesses.<\/p>\n<p>These decisions are likely to have increased the likelihood of litigation funders participating in more consumer class actions.<\/p>\n<p>However, the economics of consumer competition claims remain challenging. In Waterside Class Limited v Mowi ASA &amp; Ors [2026] CAT 32, the Competition Appeal Tribunal declined to certify an opt-out CPO because of concerns about the costs-benefit analysis. The courts have made it clear that certification may be refused where it appears that the outcome would predominantly benefit lawyers and litigation funders rather than the class members.<\/p>\n<p>Nonetheless, with properly prepared evidence of the benefits to the class and appropriate estimates and analysis of the likely class member take up, certification remains possible. When competition class actions succeed (or settle), the impact both from a reputational and financial perspective can be significant.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What trends in litigation are evident in the last three years in your jurisdiction in respect of class actions?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Representative claims remain the most economically viable method of bringing class actions (outside of the competition sphere). However, case law (including from the Supreme Court in Lloyd v Google) has made it difficult for claims to be brought on this basis. One of the most challenging aspects for claimants is the need to identify the same interest in the claim and the ability to assess damages on a uniform rather than individualised basis. While a number of representative claims have been pursued (and some have resulted in apparent settlement), the lack of a successful trial and judgment has made this type of claim more risky from a funding perspective.<\/p>\n<p>Another brake applied on class actions in the last three years has been the uncertainty over the regulation governing the funding of such claims by litigation funders. As mentioned above, in 2023, the Supreme Court ruled in R (on the application of PACCAR Inc and others) v Competition Appeal Tribunal and others that litigation funding agreements between claimants and third party litigation funders constituted damages based agreements and were therefore unenforceable in the context of \u201copt-out\u201d CPOs. This decision also rendered other funding agreements outside of the competition sphere unenforceable, to the extent that existing litigation funding agreements did not comply with the regulations governing damages based agreements. The UK Government has now confirmed it will legislate to confirm that litigation funding agreements are not damages based agreements, and to introduce &#8216;light touch&#8217; regulation of litigation funding. However, this uncertainty coupled with the courts&#8217; criticism over competition claims which it considers would principally benefit lawyers and funders has highlighted the challenges claimants face.<\/p>\n<p>While certainty for litigation funders over the ability to fund class actions is key, collective redress remains a growth area for claims in the UK. The size and value of the potential market is significant and judgments are expected in a number of ESG claims in the next few years.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Where do you foresee the most significant legal development in the next 12 months in respect of collective redress and class actions?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Judgments in a number of significant omnibus claims (including Angel v Black Horse) are expected in the near future. The outcome of these trials is likely to be significant for the next steps in relation to class actions for mass torts. The number of CPOs certified by the Competition Appeal Tribunal has also increased in recent years and the first successful judgment at trial has paved the way for future litigation.<\/p>\n<p>While the Government&#8217;s decision to introduce legislation on the status of litigation funding has created a more stable market for funders, the future shape of consumer class actions is likely to be dependent on the results of a new consultation, addressed in more detail at Question 35.<\/p>\n<p>In overview, the UK Government has signalled its desire, where possible, to channel consumer class actions away from the courts and towards regulatory redress schemes. The interaction between these two systems will be an area to watch in the future. While the courts have criticised the management of some claims, they have also shown a willingness to adapt to the challenges of large class actions, including those involving significant numbers of overseas claimants.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are class actions or collective redress proceedings being brought for \u2018ESG\u2019 matters? If so, how are those claims being framed?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Yes, claims are being brought for ESG matters. Some claims are pursued as GLOs (for example the NOX Diesel emissions claims) and others are pursued as omnibus claims. In November 2025 in Municipio de Mariana v BHP Group (UK) &amp; Ors, 620,000 Brazilian claimants secured a landmark victory on liability in the English courts as an omnibus claim. Initially struck out as &#8216;irredeemably unmanageable&#8217;, the claimants ultimately secured a finding of liability against BHP under Brazilian law and a payment of \u00a343 million on account of costs for the first stage trial.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there any proposals for the reform of class actions or collective redress proceedings? If so, what are those proposals?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Yes, changes are proposed in relation to funding which will have an indirect (but potentially significant) impact on the development of class actions. The UK Government has announced that in addition to legislating to clarify that litigation funding agreements are not DBAs, it will also introduce proportionate, light-touch regulation of litigation funding. This legislation is scheduled to be introduced whenever parliamentary time allows. There have also been proposals for collective redress schemes to be operated by regulators but as yet no formal decisions have been taken to launch such schemes.<\/p>\n<p>Finally, in April 2026, the Law Commission also launched a proposal to consider introducing a new consumer class actions regime, with a focus on proportionality and reducing risks compared to current regimes. The aim of the project is to consider whether consumer laws can be strengthened through opt-out class actions.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\r\n<div class=\"word-count-hidden\" style=\"display:none;\">Estimated word count: <span class=\"word-count\">4835<\/span><\/div>\r\n\r\n\t\t\t<\/ol>\r\n\r\n<script type=\"text\/javascript\" src=\"\/wp-content\/themes\/twentyseventeen\/src\/jquery\/components\/filter-guides.js\" async><\/script><\/div>"}},"_links":{"self":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide\/142102","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide"}],"about":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/types\/comparative_guide"}],"wp:attachment":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/media?parent=142102"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}