International Comparative Legal Guide 2026

This year's guide shows how much the collective and group action market has developed over recent years. This year has seen some important developments in what is now a much more mature market than 10, or even five, years ago. Changes in legislation and regulation in the United Kingdom and the European Union are creating opportunities to pursue group claims, or to regulate how they can proceed. Governments can call for evidence based on track record to make assessments and decisions that affect the market. This year's review considers the implications of some of these steps.
Each year we comment on the growth of class and collective action litigation, and this year is no exception. Collective actions are now seen as part of the business landscape in the United Kingdom and, increasingly, in Europe. There is also much greater press and media interest and coverage of the actions, and the events that have given rise to them.
Third-party litigation funding continues to underpin (and often drive) the rise in collective actions. These actions can often take years to resolve, and funders are increasingly receiving returns from collective action proceedings. In the United Kingdom, funders are increasing their investments in various types of cases, which include competition, securities litigation, labour and employment, environmental and data privacy. Cases in all these areas are now assessed against a background of increased knowledge about the legal and procedural issues that determine their likely success. The report of the UK Civil Justice Council dated 2 June 2025 into third-party litigation funding is generally seen by the market as being likely to create additional opportunities for litigation funders, albeit in a more transparent environment.
Consideration continues to be given to how consumers can best participate in and benefit from collective actions. On 7 April 2025, new legislation entered into force in the United Kingdom in the form of the Digital Markets, Competition and Consumers Act 2024, which is expected to usher in a new era of consumer law enforcement. The
UK Government's Call for Evidence on 6 August 2025 will lead to further examination of how competition claims can be pursued. The EU's Representative Actions Directive continues to be implemented across Member States. This focus on consumer protection and redress seems destined to continue.
The overall perception of the role of private sector collective actions being harnessed to support public sector objectives is increasing. This change in perception can be seen in various ways, including a rise in claims of specific types (such as actions following high-profile data privacy breaches), and increased media attention in respect of
other claims (such as high-profile competition actions against water companies and gaming console manufacturers). Public concern about environmental issues (and a perception of governments failing to do enough to tackle climate change) has also generated increased interest in environmental class actions.
A key driver of the expansion in activity over recent years has been attempts by claimant groups (supported by increasingly experienced law firms, litigation funders and other service providers) to test the boundaries of the procedural routes by which collective actions can be pursued. Similar developments have occurred in the last 12 months. From a procedural perspective, key judgments have been issued that are likely to shape the future of the collective actions landscape, providing "blueprints" that offer guidance to key market participants (including law firms, funders and prospective claimants) on the likely demands of pursuing collective actions.
All of these areas merit close scrutiny and are considered in some detail. Overall, the more developed and mature marketplace is seemingly destined for further expansion, supported in many cases by governmental and regulatory developments. Businesses and practitioners will do well to review future developments as this seemingly inexorable
growth continues.