UK Government Proposes Overhaul of Opt-Out Collective Actions and Funding Rules
The UK government has proposed a wide-ranging overhaul of the opt-out collective actions regime, including lifting the ban on damages-based agreements as a way to fund claims before the Competition Appeal Tribunal.
As reported by Legal Futures, the Department for Business and Trade's consultation would permit DBAs to fund opt-out proceedings, pointing to the Australian state of Victoria, where the government said funding rates have decreased and claimants have received superior returns since a similar change in 2020. The package is intended to broaden the funding options available to class representatives while addressing long-standing criticism that the regime favors funders over consumers.
Several proposals would reshape how cases proceed. The CAT would weigh the "absolute suitability" of a claim for collective treatment, with greater emphasis on proportionality and the balance between costs and potential benefits. The tribunal would also indicate at certification whether a funder's expected return is reasonable, and funders would be paid once damages are awarded or a settlement is approved rather than waiting for distribution to conclude.
The consultation further seeks views on empowering the CAT to require mediation, with cost consequences for parties that refuse to engage, and on introducing application fees linked to claim values. The government is also reconsidering whether undistributed settlement sums should continue to flow to the Access to Justice Foundation. The proposals follow findings that viable claims below £500 million struggle to attract backing, and that only one case has reached judgment under the regime to date.
