Class actions and collective claims around the globe
The continuing challenges of mass claims
Class actions and collective claims mechanisms around the globe continue to provide challenges for claimants and defendants alike. The lack of harmonised regimes requires those responding to such claims to pay attention to the detail of the relevant regime. To add to the risks, similar terms may have different meanings in different jurisdictions and different terms may have the same meaning in different jurisdictions. And third-party funders are continuing to explore opportunities to bring such claims.
As a result of our work with clients in this area, we are seeing various trends including the following:
- potentially a significant change within some EU member states as a result of the EU Representative Actions Directive (RAD) which seeks to provide access to justice for consumers in a number of areas. The RAD came into force on 25 June 2023 in the EU but a large number of member states have still not produced their domestic legislation implementing the directive. So, for those operating in the EU, the landscape continues to be challenging;
- even more active claimant bar than previously across the jurisdictions;
- third-party funders, where they are allowed to operate, driving group, class and collective claims;
- growth in particular areas of mass claims such as in antitrust or competition, ESG, privacy and data;
- use of whatever is available to bring claims within existing mechanisms even if the mechanisms were drafted for different purposes;
- targeting particular sectors;
- using technology, including social media, to bring claims especially where there are masses of claims; and
- importance of a co-ordinated global strategy when responding to claims to avoid inadvertently disclosing positions which can then be used against you in other proceedings.
To get the full picture, request access to the guide.
Our full July 2023 multijurisdictional ‘Class actions and collective claims around the globe’ guide, now in its 8th edition, provides concise insight and perspective on the landscape of these claims across the world. Our guide gives clients a unified view of global regimes, markets and the forces that are impacting them – including changing attitudes to funding options.