As such, claimants must elect to join the action in order to be considered a member of the class and share in any damages recovered. Until October 2015 these mechanisms all shared a common feature: they operated on an opt-in basis. The English court rules provide various procedural mechanisms for these collective actions, and these are listed below. The potential for collective actions arises whenever an alleged wrong causes loss to a group of people in a similar way.
#Class actions drivers
It concludes with a look at current trends, in particular the hotspots for collective actions and the drivers behind the perceived increase in collective actions. This guide provides an overview of the various mechanisms currently available in the English courts for collective actions. These, together with other procedural and substantive features available to litigants in the English courts, may explain why England is conventionally regarded as fertile ground for collective claims. The English courts have various types of procedures for collective litigation, and recent reforms have added to these with new procedures available for collective consumer and competition claims. This guide explains the mechanisms available in the English courts for bringing collective actions and goes on to look at the status of current initiatives that are focusing on collective actions.Ĭollective actions, or "class actions", are where multiple claimants with claims sharing common characteristics seek a remedy against the same defendant or multiple defendants. Restructuring, Special Situations and Insolvency.Antitrust, Regulation and Foreign Investment.Areas of future class action risk are product liability/artificial intelligence and climate change litigation.Areas of risk are: competition class actions data protection class actions product liability and foreign torts/environmental claims. The UK has seen particular growth in class actions in recent years.Data protection claims grew 11 times (i.e.Class actions against the technology sector are increasing dramatically, with 15 times the number of claims filed in 2020 as in 2017 (i.e.
Claimant law firms and litigation funders both see class actions as attractive opportunities.Increasing availability of U.S.-style optout mechanisms in Europe is a major concern for businesses.The number of class actions filed in Europe increased by over 120% between 20.The key findings of the 2021 report include: In this context, the trends revealed in our data are key but we also comment on the issues that are driving risk for defendants. The report is intended to be a single resource for understanding the shape of class action risk in Europe. Our report is data- driven to give an accurate picture of what is actually happening in Europe. We then identified key trends which we set out in this report. We conducted a major study of collective proceedings filed in Europe over the past five years, gathering information on each qualifying claim. This unique publication maps the contours. which industries are being targeted and for what types of claim (product liability, data protection, competition, etc.)?.to what extent is class action risk increasing?.Identifying the factors that are driving change is helpful, but it does not – in and of itself – shine any light on the contours of the risk: Change is being driven by the introduction of new procedural mechanisms intended to facilitate collective proceedings, a pro-active claimant bar and both by new entrant law firms and the increasing availability of litigation funding.
European class action risk is increasingly a board level issue. Welcome to the first edition of the CMS European Class Action report.
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