Insights and Analysis

Hogan Lovells sponsors The Lawyer’s Managing Risk and Litigation Summit

group of people in a boardroom having a meeting
group of people in a boardroom having a meeting

Our Global Class Actions team was proud to sponsor The Lawyer's Managing Risk and Litigation Summit on Tuesday, 23 September 2025, a conference dedicated to helping in-house counsel anticipate and navigate emerging litigation risks and trends.

As part of the day's agenda, Hogan Lovells hosted a horizon scanning panel discussion exploring how regulatory and political change are reshaping the global class actions landscape. With collective proceedings continuing to expand across Europe and beyond, the discussion examined how evolving frameworks are influencing the type, volume, and location of claims being brought.

Hogan Lovells partner, Matthew Felwick led the discussion with panellists including partners Andrew Leitch and Carrie DeLone, as well as Paul Colpitts, Head of Google UK Regional Team and Nicola Northway, Head of EU Litigation at Volvo.

The Lawyer - Managing Risk and Litigation Summit

Some of the key discussion points and takeaways from the panel session included:

Regulatory change as a catalyst for class actions

Regulatory intervention has emerged as one of the most significant triggers for collective proceedings. In the UK, we are increasingly seeing regulatory investigations and findings being reframed as competition law infringements, in order to take advantage of the Competition Appeal Tribunal’s (CAT) opt-out class action procedure (that procedure is available only for competition law claims). Competition law claims are being brought at every stage of the regulatory process — from ongoing investigations (such as an ongoing Ofwat investigation in the Water collective actions) to follow-on actions after findings, such as following an FCA decision in the Motor Finance collective action.

Looking ahead, the Digital Markets, Competition and Consumers Act (DMCC) is expected to have a significant impact and generate new categories of claims linked to digital conduct and market dominance. Businesses designated with Strategic Market Status will face bespoke conduct obligations, with potential breaches opening the door to large-scale damages claims. In the EU, the Digital Markets Act (DMA) will have a similar impact, creating parallel risks for multinational businesses operating across both regimes.

A shift in the nature of claims

The scope of class actions is broadening. In addition to all manner of claims being ‘shoehorned’ into competition law class actions in the CAT, we are also witnessing a surge in consumer protection, data privacy, and ESG-related actions. Statements around sustainability, ethical sourcing, and corporate governance are increasingly being scrutinised by both regulators and private litigants, particularly in the U.S., where “greenwashing” and disclosure-related suits are gaining momentum. These are real risks for companies operating under UK and EU disclosure regimes as well, as these types of claims continue to globalise.

Judicial developments and their broader impact

Recent judgments are already influencing how the collective actions regime will develop. The Le Patourel v BT case was the first to proceed to trial judgment, and in that case the defendant prevailed, leaving the claim funder and insurer with heavy cost bills. The case has shown that a low threshold for certification is not indicative of a favourable outcome at trial.

The are a number of forthcoming stand-alone competition judgments awaited, which will be equally consequential. A permissive approach by the CAT to such claims could embolden claimants and funders, driving further filings. Conversely, if these cases fail, the market may recalibrate, and funding may contract. Either outcome will set the tone for the next phase of class actions in the UK and beyond.

Emerging hotspots for collective litigation 

While the United States, Australia, and Israel remain well-established forums for collective litigation, Europe is quickly catching up. The Netherlands has positioned itself as a particularly attractive venue, offering English-language proceedings, streamlined digital filings, and comparatively efficient processes. Germany, Italy, Spain, and Portugal are also gaining traction following implementation of the Representative Actions Directive (RAD). This has broadened the threat of a pan-EU class, which claimant lawyers are starting to utilise. 

For multinational companies, this expansion means exposure cannot be viewed through a single jurisdictional lens. The increasing competition among courts to host collective actions, combined with cross-border coordination among claimant firms, underscores the need for early risk mapping and litigation-readiness across multiple markets.

How the landscape is evolving

The coming year will be pivotal for the UK’s collective actions regime. Several high-profile stand-alone cases are awaiting judgment before the CAT. Their outcomes will determine whether claimant activity accelerates or slows, and funders are already signalling caution pending clearer success rates.

At the same time, the Department for Business and Trade’s (DBT) consultation on collective actions and the Civil Justice Council’s (CJC) review of litigation funding could reshape the procedural and funding landscape. Depending on how policymakers respond, we could see either an expansion into areas such as consumer and ESG litigation or a tightening to curb more speculative claims.

Internationally, class actions continue to rise year over year. The United States remains the benchmark jurisdiction, while the EU’s Representative Actions Directive is ushering in a more coordinated, pan-European framework for consumer redress.

As global collective action regimes mature, businesses should consider proactive measures to reduce exposure.

  • Integrate litigators early. Engage litigation counsel at the outset of regulatory or commercial discussions to assess downstream class action risk.
  • Align global disclosure practices. Ensure ESG, consumer, and privacy statements are consistent and justified across jurisdictions to avoid cross-border liability.
  • Engage in policy development. Participate in consultations such as the DBT’s collective actions review to help shape the evolution of the UK regime and the UK's Law Commission review of the UK's product liability regime. The latter has just been announced and may make the UK's regime more claimant friendly and drive collective actions.

At Hogan Lovells, we continue to help clients stay ahead of fast-moving developments in the global class actions landscape, combining deep sector insight with multi-jurisdictional experience to mitigate risk and anticipate trends before they reach the courtroom.

To explore jurisdictional developments, emerging risks, and sector-specific insights, visit our Global Class Actions Hub, an interactive resource designed to help businesses navigate complex collective litigation around the world.

 

 

Authored by Carolyn DeLone, Andrew Lietch, and Matthew Felwick.

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