Class Actions

Class actions, known as group actions in Scotland, are a major risk for any consumer facing business. 

Typically involving high-value, business critical, complex claims, group actions can have critical financial and reputational implications.

Our tier 1 ranked disputes lawyers are experts on group litigation, having worked on major group actions in Scotland in the last 15+ years. This includes Scotland’s first formal group action under new rules introduced in 2020.

We have longstanding expertise working on group actions with a cross-border dimension, managing claims across multiple jurisdictions. We are well versed in translating different concepts and procedures and helping clients navigate unfamiliar territory.

Companies with any nexus to Scotland are at risk of exposure to group litigation, and we have advised UK and global names in a range of sectors including pharmaceutical, medical devices, consumer products, automotive, transport, and IT, as well as organisations dealing with significant volumes of personal data.

Scotland: the class action capital of Europe?

With the Scottish Civil Justice Council currently consulting on the possible introduction of an ‘opt-out’ regime for civil claims in Scotland, there is the potential for a dramatic change to the risk landscape for litigation in Scotland, with the possibility of a greatly increased number of claimants and, in turn, much larger sums being sued for. As part of our ongoing horizon scanning, we continue to monitor the progress of this consultation and you can sign up to our updates here.

Climate change litigation

Climate related litigation is a growing area of risk for businesses. Whether it’s a challenge for failure to meet climate commitments, including so-called ‘greenwashing’ claims, or communities that have been exposed to incidents relating to climate change, an ‘opt-out’ group action regime will increase the risk of large-scale claims in this area in Scotland.

Group litigation is likely to be at the top of your risk register, and at Burness Paull we have the expertise to guide you. Get in touch with the team to find out how we can help.

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