The Law Society of England and Wales has sounded the alarm that scrapping the UK’s opt‑out collective actions regime would invite a surge in unchecked anti‑competitive conduct by multinational firms.

An article in the Law Society Gazette explains that the UK government is reviewing its collective redress regime—introduced in 2015 under the Competition Appeal Tribunal (CAT) framework—to determine whether it remains appropriate for businesses and consumers alike. Above all, the bar warns that eliminating or substantially reducing the ability of groups of consumers to act together would remove a key check on large firms’ power.

According to the bar’s statement, collective actions provide a vital counterbalance: they allow individuals with smaller claims (often against powerful enterprise defendants) to combine resources, reduce costs, and obtain meaningful relief. Without that mechanism, the risk is that dominant players may routinely engage in cartel‑type behaviour, abuse market position or otherwise infringe competition law with little fear of private litigation.

The review highlights that the regime has evolved faster than anticipated: the original design assumed most cases would follow a finding by the competition authority, but in practice around 90% are now “stand‑alone” claims brought without a prior regulatory decision.

For the legal funding and litigation finance sector, this development is especially consequential. Were collective actions to be scaled back or abolished, the landscape for financing competition‑law claims would shift markedly: fewer aggregated opportunities, higher individual‑case risk, and potentially lower investor appetite. It raises key questions about the future viability of funding models that rely on class‑style litigation in the UK market.

A healthcare‑turned‑litigation investor has taken legal action against Lake Law Firm and its partner Ed Lake, alleging a sweeping investment failure in the mass‑tort financing space. According to the complaint filed in New York State Supreme Court on October 22, the investor pumped around $5.3 million into programs tied to hernia‑mesh, Bayer AG’s RoundUp, 3M Co., and Johnson & Johnson talcum‑powder claims — only to find that fewer than the promised number of cases ever materialized.

An article in Bloomberg notes that per the suit, the law firm had committed to signing up 113 hernia‑mesh cases, 100 3M cases, and 50 RoundUp matters, but delivered only 15, 40, and 8 respectively. Separately, Lake Law pledged submission of 8,000 applications under the federal Covid‑era Employee Retention Credit program, yet managed only 2,655. The complaint characterizes the structure as “more akin to a Ponzi scheme than a legitimate litigation‐finance program.”

The investor also alleges that the law firm defaulted on a “case‑replacement agreement,” and is now demanding $6.2 million in damages, plus rights to any mass‑tort profits and tax‑credit claims that “rightfully belong” to him. According to the filing, his wife had separately invested $2.5 million and likewise filed suit last week claiming non‑repayment.

The latest chapter of the Global Legal Group’s Class and Group Actions Laws & Regulations 2026 report titled “In Case of Any Doubt – The Group and Collective Action Market is Here to Stay” provides a clear signal: the group and collective litigation landscape across the UK and Europe is evolving, and legal funders should take notice.

An article in ICLG highlights several key moves in the UK: the Civil Justice Council (CJC) issued its final report in June 2025 on private litigation funding, recommending “light‑touch” regulation of third‑party litigation funding and reiterating support for funding as a tool of access to justice. It follows the PACCAR Ltd v Green & others decision by the United Kingdom Supreme Court, which classified certain litigation funding agreements as damages‑based agreements (DBAs), raising regulatory scrutiny on opt‑out collective proceedings before the Competition Appeal Tribunal. The CJC recommends reversing that classification via legislation, permitting DBAs in opt‑out class actions, and regulating funders’ capital and AML compliance.

Meanwhile, the UK’s opt‑out collective action model under competition law is under review. The government’s call for evidence flagged the high costs and shifting case mix as areas of concern.

On the European front, the Representative Actions Directive has spurred changes in France and Germany. France’s new law allows third‑party funding of group actions and broadens access and scope. Germany’s implementation enables qualified consumer associations to bring collective redress for both injunctive and monetary relief across a wide range of sectors including ESG, data‑protection and tort.

For legal funders, these developments signal both opportunity and risk. On one hand, enhanced regulatory clarity and expanded access points strengthen the business case for collective‑action funding. On the other, increasing scrutiny over funding arrangements, roles of funders, and capital adequacy impose compliance burdens.

Sen. Thom Tillis (R–N.C.) said he’s not backing down in his push to impose a special tax on litigation‑finance investors, signalling a new legislative attempt after an initial setback.

According to a report in Bloomberg Law, Tillis introduced the Tackling Predatory Litigation Funding Act earlier this year, which would levy a 41 % tax on profits earned by third‑party funders of civil lawsuits (37 % top individual rate plus 3.8 % net investment income tax). While the bill was included in the Senate Republicans’ version of the tax reconciliation package, the tax provision was ultimately removed by the Senate parliamentarian during the June process.

Tillis argues this is about fairness: he says that litigation‑finance investors enjoy more favourable tax treatment than the victims who receive legal awards, a situation he calls “silly.” He acknowledged the industry’s strong push‑back, noting a high level of lobbying from entities such as the International Legal Finance Association and other funders. “You couldn’t throw a rock and not hit a contract lobbyist who hadn’t been engaged to fight this … equitable tax treatment bill,” he said.

Though Tillis is not seeking re‑election and will leave office next year, he remains committed to using his remaining time to keep the tax issue alive. His remarks suggest this debate is far from over and could resurface in future legislation.

Hausfeld has achieved a major breakthrough in the UK’s collective‑action landscape by securing a trial victory against Apple Inc. in a case seeking up to £1.5 billion in damages. The case, brought on behalf of roughly 36 million iPhone and iPad users, challenged Apple’s App Store fees and policies under the UK collective action regime.

According to the article in The Global Legal Post, the action was filed by Dr Rachael Kent (King’s College London) and backed by litigation funder Vannin Capital. Over a 10‑year span, the tribunal found that Apple abused its dominant position by imposing “exclusionary practices” and charging “excessive and unfair” fees on app purchases and in‑app subscriptions.

The judgement, delivered by the ­Competition Appeal Tribunal (CAT) on 23 October 2025, marks the first collective action under the UK regime to reach a successful trial‐level resolution. The CAT held that Apple’s 30 % fee on these transactions breached UK and EU competition laws and that the restrictions were disproportionate and unnecessary in delivering claimed benefits.

Apple has stated it will appeal the ruling, arguing the decision takes a “flawed view of the thriving and competitive app economy.” Meanwhile, the result is viewed as a significant vindication for collective claimants, with Dr Kent describing it as “a landmark victory … for anyone who has ever felt powerless against a global tech giant.”

Thousands of women who served in the Australian Defence Force (ADF) between 12 November 2003 and 25 May 2025 are eligible to join a new class action in the Federal Court of Australia, brought by the law firm JGA Saddler and backed by global litigation funder Omni Bridgeway.

The Nightly reports that according to JGA Saddler lawyer Josh Aylward, the case alleges that the ADF has been afflicted by “sexual violence and discrimination” for decades—despite prior investigations and recommendations. “There is a gendered battlefield within the ADF that female soldiers have been faced with for more than 20 years,” Aylward said.

The claim includes allegations ranging from daily harassment—such as sexist comments and unwanted touching—to physical assaults. One cited case involves a woman pinned against a wall during a night out with colleagues, reporting the incident to military police who declined to prosecute with no explanation offered. The class action marks a bid to hold the Commonwealth to account for systemic issues rather than isolated incidents.

The eligibility window is broad: any woman who served in the ADF during that 2003–2025 period may participate. The class action is expected to become a multi‑million‑dollar claim.

Australian‑based technology startup ddloop has emerged as the winner of the 2025 Legal Pitch Night competition, securing recognition for its innovative artificial‑intelligence powered due‑diligence platform designed for legal workflows.

According to an article from Startup Daily, the startup impressed judges by automating key steps in legal review processes—delivering speed and accuracy in document‑intensive transactions.

The platform developed by ddloop harnesses AI‑driven analytics to sift through large volumes of contracts, disclosures and ancillary documentation, identifying risks, anomalies and salient terms far faster than manual review. By doing so, ddloop aims to reduce the time and cost burdens of due‑diligence work typically borne by legal teams and their corporate clients. The pitch competition win signals investor and industry recognition of the business model and its relevance to the evolving legal‑tech landscape.

For stakeholders in the legal‑funding and litigation‑support ecosystem, ddloop’s ascent highlights two compelling intersections: first, the rising role of tech‑enabled platforms in claim intake, case evaluation and documentation workflows; second, the increasing expectation that legal service providers (and potentially funders) adopt more data‑driven tools to manage risk, control cost and enhance predictability.

As funders and counsel assess funding opportunities, the availability of AI‑enabled due‑diligence platforms may shift how intake and underwriting processes are structured—particularly in high‑volume or document‑heavy matters.

The Judicial Conference of the United States’s advisory body is taking aim at developing new rules that would govern class certification procedures and third‑party litigation funding disclosure in federal courts. Advisers signaled their interest in crafting far‑reaching reforms to tackle two of the most contentious issues in civil‑litigation governance.

An article in Law360 notes that the impetus for change stems from growing corporate and defense‑bar pressure to require plaintiffs and their funders to disclose funding arrangements in class and mass litigation. Proponents argue that greater transparency would enable courts and defendants to assess potential conflicts of interest and settlement dynamics.

At the same time, advisers are considering whether the rules for class certification themselves should be amended to take account of funding structures, the role of law‑firm portfolios and the influence of financiers on case strategy and settlement.

For the legal‑funding industry, this signals a possible regulatory shift in the U.S. Although there is not yet a formal rule change, funders, plaintiffs’ counsel and defendants should anticipate potential requirements to disclose the identity of funders, terms of funding agreements, and how such arrangements may impact class‑certification motions or settlement approvals.

In its October 2025 Business Litigation Report, Quinn Emanuel Urquhart & Sullivan, LLP outlines major shifts impacting the litigation‑funding sector in the UK.

The report highlights the landmark decision in Sony Interactive v Neill and Ors [2025] EWCA Civ 841, where the Court of Appeal of England & Wales unanimously upheld the validity of litigation funding agreements (LFAs) that provide a return based on a multiple of the funder’s investment—so long as they are capped by the proceeds of litigation—and rejected the view that such arrangements automatically qualify as “damages‑based agreements” (DBAs) under Section 58AA of the Courts and Legal Services Act 1990.

The report underscores that, had Sony v Neill gone the other way, a significant portion of UK LFAs could have been rendered unenforceable—a scenario that would have triggered major disruption across the funding industry.

Running in parallel, the Civil Justice Council (CJC) published a wide‑ranging final report on litigation funding, containing 58 recommendations aimed at reforming the UK funding regime. Key among these are: (i) legislative reversal of the effects of the PACCAR Inc and others v Competition Appeal Tribunal and others decision [2023] UKSC 28, which had classified many LFAs as DBAs; (ii) introduction of a formal, “light‑touch” regulatory framework for funders (including capital adequacy, conflict disclosure, oversight of funder control, and mandatory transparency of funder identity and source of funds); and (iii) explicit carve‑out of arbitration funding from this regulatory regime.

For legal funders and claim‑funded parties, these developments yield both clarity and new compliance horizons. The Court of Appeal’s decision affirms that LFAs structured around multiples of investment remain enforceable, paving the way for continued market activity. Simultaneously, the CJC’s recommendations signal that legislative and regulatory reform is likely imminent—bringing a higher level of oversight and formalisation to the sector.