Transforming Landscapes: The Progression of Class Actions
UK's Collective Action Regime: A Mature and Evolving Landscape
The UK's collective action regime is undergoing significant changes, marking a maturing but evolving landscape in class action litigation. This transformation is being driven by governmental review, regulatory changes, market recalibration, and notable case law.
Government Review of Opt-Out Regime
In August 2025, the UK government initiated a comprehensive review of the opt-out collective actions regime in competition law. The aim is to assess the regime's effectiveness in delivering consumer redress and balancing business interests. The review covers access, funding, certification of classes, alternative dispute resolution, settlement, damages, and distribution of funds. Following consultation responses due in October 2025, reforms are expected to enhance efficiency and increase damages flowing to consumers.
Expansion of CMA Powers
From April 2025, the UK Competition and Markets Authority (CMA) gained stronger powers to investigate, fine, and enforce consumer protection violations. This expansion is likely to fuel additional class actions, particularly follow-on damages claims after CMA findings, as well as increases in product liability and environmental claims in English courts.
Significant Case Law
The CAT’s decisions are shaping the regime’s trajectory. For example, Le Patourel v BT Group was the first class action to reach trial, resulting in a victory for defendants, highlighting challenges for claimants in achieving success in UK class actions.
Trends in Class Actions
The UK remains one of Europe’s most active class action jurisdictions, with the cumulative value of cases exceeding £135 billion by 2024. The total number of class members involved in CAT cases exceeded 655 million, the equivalent of 10.4 class actions for every British resident.
For the first time, opt-out and opt-in class actions in the UK have nearly equal cumulative values, with opt-in actions slightly ahead but opt-out cases, largely in the CAT, gaining ground and expected to surpass opt-ins soon. The spectrum of class actions is broadening beyond competition law to include product liability and environmental claims, partly encouraged by the CMA’s new enforcement powers.
As the UK's collective action regime continues to evolve, experts at White & Case are sharing insights on recent key decisions in the UK class action landscape. The firm, a class action hub, has experience in managing and mitigating the risks of class actions and has represented clients in defending some of the largest, most complex international class action claims. Their service areas include Litigation, Antitrust/Competition, United Kingdom, Western Europe, and Class actions.
The Competition Appeal Tribunal in the UK is handling an increasing number of class action proceedings, indicating a growing trend in this area of law. The emphasis is on fostering claimant access and effective redress, while ensuring that litigation remains balanced and not overly burdensome on defendants or funders.
- The comprehensive review of the opt-out collective actions regime in competition law, initiated by the UK government in August 2025, aims to assess its effectiveness in delivering consumer redress and balancing business interests.
- Following the consultation responses due in October 2025, reforms are expected to enhance efficiency and increase damages flowing to consumers.
- From April 2025, the UK Competition and Markets Authority (CMA) gained stronger powers to investigate, fine, and enforce consumer protection violations, which is likely to fuel additional class actions.
- The CAT’s decisions, such as Le Patourel v BT Group, are shaping the regime’s trajectory and highlighting challenges for claimants in achieving success in UK class actions.
- Experts at White & Case, a class action hub, are sharing insights on recent key decisions in the UK class action landscape, and have experience in managing and mitigating the risks of class actions.
- Their service areas include Litigation, Antitrust/Competition, United Kingdom, Western Europe, and Class actions.
- As the UK's collective action regime continues to evolve, there is a growing trend in the Competition Appeal Tribunal handling an increasing number of class action proceedings.
- The emphasis is on fostering claimant access and effective redress, while ensuring that litigation remains balanced and not overly burdensome on defendants or funders.
- The spectrum of class actions is broadening beyond competition law to include product liability and environmental claims, partly encouraged by the CMA’s new enforcement powers and the increasing number of class actions in the UK.
