Consumer Class Actions at the Crossroads: The UK Government’s Consultation and the Implications for Business

The UK Government is considering the introduction of a new consumer class actions regime for England and Wales, with potentially far-reaching implications for businesses that interact with consumers.

As part of this process, the Law Commission has launched a consultation seeking views on the design of a future regime, including the possibility of opt-out collective actions. The consultation represents a rare opportunity for businesses to help shape policy before recommendations are made to Government.

This DLA Piper webinar examined what the proposals could mean in practice, the key areas of risk and uncertainty, and how organisations can engage effectively in the consultation process.

This webinar covered:

• The Law Commission’s consultation and what is being proposed
• Potential litigation and regulatory implications for businesses
• Lessons from existing class action regimes
• The impact on consumer-facing sectors and broader commercial organisations
• Practical considerations for responding to the consultation and engaging with policymakers

 

Key takeaways

• The consultation highlights a potentially transformative moment for UK litigation, marking this as the latest stage in the evolution of collective redress in the UK.
• International experience offers valuable lessons with developments in other jurisdictions demonstrating how class action regimes can drive increased litigation activity, create settlement pressure, and encourage entrepreneurial claims.
• The consequences extend beyond legal liability with the impact of any new regime likely to extend well beyond legal costs and damages exposure.
• Consumer-facing sectors are likely to face heightened scrutiny and businesses interacting directly with consumers may be particularly exposed.
• The window to influence policy is open now with the consultation closing on 31 October.

 

Speakers

Jeremy Sher, Partner, Global Co-Head, Class Actions and David Young, Partner, Litigation & Regulatory, provided practical analysis of the proposed reforms, drawing on their extensive experience advising clients on complex disputes, regulatory investigations and collective actions.

Paul Hardy, Partner and Head of UK Government Affairs, whose deep understanding of government decision-making and policy development provided invaluable insight into the consultation process, the political context surrounding reform, and how businesses can most effectively make their voices heard.

Together, the panel offered a rare combination of litigation, regulatory and public policy perspectives, helping organisations understand both the legal implications of the proposals and the forces shaping their development.

 

Target audience

General Counsel, Legal Directors, Compliance and Risk professionals, Public Affairs teams, and business leaders with responsibility for regulatory strategy and litigation risk.

If you would like to discuss the consultation, assess its implications for your business, or explore opportunities to participate in the consultation process, please do not hesitate to contact us. We would be delighted to help.