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ARTICLE · 30 OCTOBER 2025

Opt-Out Class Actions Scotland: Consultation Goes Live

Burness Paull LLP
Burness Paull LLP
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Burness Paull LLP

Burness Paull LLP

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We have been discussing a potentially seismic change to litigation exposure for businesses operating in Scotland – and today marks a significant step towards this becoming a reality.

United KingdomLitigation, Mediation & Arbitration
Pauline McCulloch
Pauline McCulloch
Joanna Fulton
Joanna Fulton

The consultation on an opt-out class action procedure for Scotland has arrived.

We have been discussing a potentially seismic change to litigation exposure for businesses operating in Scotland – and today marks a significant step towards this becoming a reality.

The mention of 'class actions' tends to conjure images of a US-style system. Scotland's current group proceedings regime is a more modest version, but a 'Call for Evidence' (consultation) published today by the Scottish Civil Justice Council envisages a procedure that would bring us much closer to that model, and could have serious implications for businesses selling to or operating within Scotland – regardless of whether those businesses have any physical Scottish presence.

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