Class Actions

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Class Actions

Class actions and group litigation continue to gain traction across the world.

The growth in collective redress is a global trend driven by increased regulation and technological advancement breaking down traditional borders. This is complemented by the pro-activity of plaintiff law firms in seeking out claimant classes and more accessible litigation funding arrangements. The courts are also playing a role in ensuring that victims are able to access justice and large corporates can no longer hide behind corporate veils or being domiciled in “safe” jurisdictions.

The US leads the way, closely followed by Australia and Israel that have adopted a similar “opt out” model that has resulted in a surge of litigation aimed at the protection of shareholders and consumers. Jurisdictions across Europe are developing mechanisms aimed at protecting consumer rights against the backdrop of the European Commission´s proposed “New Deal for Consumers”.

The English legal system does not currently permit the US “opt-out” style of class action. Group Litigation Orders are permitted in much narrower factual scenarios and cases are heard by judges, not juries. The English courts are still yet to see the scale of litigation (and size of claimant class) commonplace in the US. Claimant law firms are also subject to more stringent rules regarding contingency fee arrangements. Pressure is mounting, however, to embrace more collective redress in the consumer area.

We are seeing an increasing trend for foreign litigants targeting English domiciled corporates with group litigation in the English courts. Claimant law firms are particularly active in locating claimant classes in Africa and Latin America.

Thought Leadership

Our global thought leadership delivers fresh thinking on hot topics. Split across our 6 key themes, they address recurring C-suite concerns highlighted in our recent client survey. From class actions to technology, you will find strategic insight to stimulate discussion and debate.

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Predictions

Keeping you ahead of the curve, our international experts offer their insights on the opportunities and challenges that the insurance market may face in the coming year and beyond. Our predictions are broken down below both by service line and theme to provide a more bespoke approach.

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