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Litigation

International class and collective actions and litigation funding

This continues to be an evolving area of law, presenting a growing level of risk for corporate defendants. This is the fifth substantive edition of our guide on the topic since our first one in 2007.

Although our last full edition of this guide was produced to coincide with the Consumer Rights Act 2015 coming into force in the UK, the global legal landscape has not stood still since then. This edition considers the main developments in this area and again highlights how the potential for classes of claimants to pursue corporate defendants for compensation has continued to increase.

The factors driving this growth are well known, with national and EU-level governmental policy promoting the introduction of new regimes to facilitate collective actions, sectorial initiatives particularly in the antitrust area, continued law firm interest in adopting a business model based on mass redress, and the ever-increasing use of third-party funding.

This guide looks at these evolving trends across various European jurisdictions (Austria, Belgium, England and Wales, France, Germany, Italy, The Netherlands and Spain), the US and Asia (China and Japan). As we have done previously, in each case, we have summarised the key components of the applicable regime(s) and the way in which they are developing, as well as the litigation funding environment in each country. We have again also included a short separate chapter on relevant developments at an EU level.

Collective actions guide (password required)

 

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