The impact of rules allowing class actions, or group proceedings as they are known in Scotland, on Scottish businesses is significant. Any organisation providing goods or services to consumers, or whose operations may interact with the public, will be at risk. Engaging our specialist team of class action lawyers at an early stage will mitigate exposure to the risk of group proceedings.

We have significant experience across the range of procedures used in the Scottish Courts, including Practice Directions to deal with high volume personal injury and product liability claims, and so are well placed to advise on the group proceedings regime in Scotland. We are regularly instructed in large-scale aggregated cases across multiple jurisdictions. Our specialist litigation lawyers are already representing clients facing class action lawsuits in Scotland.

We have significant experience across the range of procedures used in Scottish courts, including:

  • Defending group proceedings raised in the Court of Session.
  • Representing a car manufacturer in defending cartel damages claims brought by multiple Scottish local and public authorities following the European Commission's 'trucks cartel' decision.
  • Instructed on behalf of a car manufacturer in one of the first group proceedings or class actions to be raised in Scotland.
  • High volume personal injury claims.
  • Product liability claims dealt with together under bespoke court Practice Directions.
  • High volume banking and financial claims dealt with together under bespoke court Practice Directions.

Group proceedings in Scotland

Brodies has a very experienced team with a wide range of professionals who can cover all aspects of our legal matters. Queries and requests are always dealt with extremely quickly. 

Chambers UK 2024
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Class Actions key highlights

  • We act for a global automotive manufacturer relative to group proceedings applied for in Scotland, arising from well-publicised allegations of unlawful diesel emissions.
  • Representing Volvo on claims arising out of the European Commission’s trucks cartel decision.
  • Acting for a medical product manufacturer in the Scottish 'mesh' litigations, in which several hundred claimants raised personal injury actions against various manufacturers and doctors, alleging contraventions of the Consumer Protection Act 1987 as a result of vaginal mesh implants.
  • We are instructed in multiple actions relating to the implantation of metal on metal hip replacements in the Scottish aspects of a multi-jurisdictional defence. The defence draws on the expertise of lawyers in our clinical negligence and product liability practices. The claims arise out of similar claims dealt with in a now resolved class action raised in England & Wales.
  • Advising various financial institutions, including a UK bank resisting a large volume of claims raised by its customers seeking the return of Unauthorised Overdraft Charges, pending resolution of the OFT Test Case at the House of Lords/Supreme Court.
  • We are experienced in handling multi-defender claims. For example, for over 20 years, we have acted for a UK provider of industrial services in the defence of all Scottish asbestos disease litigation.

Class Actions related expertise