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Class and collective actions and litigation funding

Class and collective actions and litigation funding

The availability and sophistication of class and collective action procedures have been increasing across the world over the last five years.

New regimes have been introduced in France, Belgium, from 1 October 2015 in the UK, in the EU and in other jurisdictions. We expect this trend to facilitate development of what are known as 'collective actions' in Europe and 'class actions' in the US.

The nature of the regimes vary. For example, some impose restrictions on who can bring actions; in other jurisdictions collective redress is only available for certain types of claim or in certain sectors.

As importantly, we are seeing the development of an active claimant bar. Their approach is being assisted by a material increase in the range and sophistication of litigation funding options in Europe.

Interestingly, some regimes are proposing stand-alone collective settlement procedures which could be extremely useful when formulating defence strategies.

We have produced the fourth in our series of guides on this area building both on our analysis of legal developments across 12 jurisdictions and a survey of companies, conducted this summer, in seven of these countries, to hear their experiences and assessments of the risks they face.

Collective actions guide (password required)

 

If you would like to view the guide please contact ashmita.garrett@freshfields.com for login details.