Recent UK Supreme Court decisions, the availability of litigation funding, and the growth of transatlantic partnerships between plaintiffs’ lawyers abroad and in England are driving a trend of increasing multi-claimant litigation in England. There are several reasons why this is happening, implications for litigation risk, and things companies can do now to manage potential exposure.
There are three primary mechanisms for bringing collective actions before an English court: representative actions, group litigation orders (GLOs), and collective actions before the Competition Appeal Tribunal (“CAT”).
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