U.K. adopting U.S. style of class actions
In the U.K., the Consumer Rights Act of 2015 goes into effect on October 1st. The scope of collective actions referred to as class actions in the U.S. currently involves an opt-in process to become a member of the class. With the Consumer Rights Act, collective actions will become very similar to the U.S. style of class action. Like in the U.S., members will not need to opt-in to the class and will have the option to opt-out of the class to proceed with direct litigation. This will be the first time the U.K. has allowed a U.S. style “opt-out” mechanism. The opt-out procedures only apply to class members located in the U.K. Members who are not located in the U.K. must opt-in to be included in the class.
As of now, these laws only apply to consumer actions and is unclear if they will be applied to securities laws as well. In the past, the consistency of filings for class-action lawsuits in the U.S. system has been scrutinized. Even though there has been talks about avoiding the U.S. style, other countries have reformed their laws to become more aligned with the U.S. system. Depending on the effect this has on collective actions and if this will affect securities laws, it will be interesting to see if an upswing of filings occurs.
Read more about the U.K. adopting the U.S. style class action here.
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