Reforming UK class actions

The UK opt-out collective actions regime for antitrust damages claims is under review. The UK government conducted a call for evidence regarding the efficacy of the opt-out collective actions regime between August and October 2025 and is considering responses received. The government has made known that responses to its call for evidence will inform proposals for specific changes to the regime, expected to be subject to consultation in 2026.

Kyle Le Croy and Richard Whish KC (Hon) discuss the government’s review, including whether this is being conducted too soon. Although the opt-out collective actions regime was introduced in 2015, it is only in the last five years that the regime has really taken off. They also discuss key areas of focus regarding the government’s review, including litigation funding, certification of claims, alternative dispute resolution and possible immunity from damages claims.