2019 was a landmark year in England for the growth of group actions. The media was awash with stories announcing new actions or reporting on developments in existing ones, often backed by third party litigation funders. In part, this has flowed from the introduction, in 2015, of the ability to bring “opt out” group actions in relation to competition infringements. From a slow and uncertain start, 2019 saw some momentum in high profile (and multi-billion pound) claims relating to interchange fees and truck sales, with new claims commenced against various financial institutions in respect of forex trading. However, this is only part of the story: claims outside the competition arena also appear to have been growing, in particular from those impacted by data breaches, by shareholders in relation to corporate scandals and on product claims such as the car emissions litigation.
The aim of this brief survey is to look behind the headlines to see whether, in practice, Mayer Brown’s clients and contacts are being affected by group actions, and whether they are viewed as a material risk. The survey should take no more than three minutes, and we would be very grateful if you could take the time to share your views on this important and high profile topic. Results of the survey will be shared once all data has been collated.