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22 October 2025
Issue: 8136 / Categories: Legal News , Collective action , Litigation funding , Competition , Consumer
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Collective actions at ‘critical juncture’

The opt-out collective actions regime is facing ‘significant challenges’ but could benefit the UK by £24bn a year if enhanced and expanded, a report by Stephenson Harwood has found

The firm’s report, ‘Realising the benefits of competitive markets’, calls for opt-out cases in the Competition Appeal Tribunal (CAT) to be extended to cover data privacy breaches, consumer protection violations and other mass harms as well as competition law breaches. It recommends introducing pre-action protocols and improving early case management, including costs budgeting and stricter timetabling to keep budgets under control in complex cases, and reversing the effects of the Supreme Court’s PACCAR decision to encourage funders to invest.

It recommends the CAT bring approval of funding arrangements forward to the certification stage—helping parties avoid later disputes.

If boosted to work more effectively, the CAT could deter between £12.1bn and £24.2bn of rip-off prices and other harms to consumers and small businesses annually, it finds, equivalent to up to £840 per household.

However, the report, which uses data from litigation analytics platform Solomonic, notes the number of cases has declined from 17 in 2023 to only three filed in the first nine months of 2025. It highlights years of delays in cases, which it attributes to procedural complexities, strategic litigation by defendants, and the PACCAR Supreme Court decision which has stalled litigation funding.

Genevieve Quierin, partner at Stephenson Harwood, said: ‘The regime stands at a critical juncture, facing challenges that undermine its ability to operate effectively.

‘Rather than restrict, we need to nurture the system.’

In his foreword to the report, former CAT president Sir Gerald Barling says that he hopes the government, which is currently considering a review of the regime, will not curtail or remove the ‘only means by which multiple claimants—each suffering relatively small amounts of financial loss—can achieve justice’.

MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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