"Noted for his expertise in contractual litigation and international disputes." Legal 500 UK
Partner & Solicitor AdvocateCraig Watt
Ranked by Legal 500 UK 2026 as a Leading Partner for Commercial Litigation – Scotland
PartnerGraeme MacLeod
"First-class brain and provides very clear and pragmatic advice." Chambers UK
PartnerCharles Livingstone
The impact of class actions, or group proceedings as they are known in Scotland, on on UK businesses can be 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.
Defending class actions and group proceedings
Class actions are now an increasingly important feature of the Scottish litigation landscape. Since the introduction of Scotland’s statutory regime, group proceedings have become a viable route for resolving complex disputes involving multiple claimants.
Managing procedural complexity
Class actions are often procedurally demanding. In Scotland, careful consideration must be given to issues such as group constitution, representative claims, funding arrangements, and the coordination of parallel or related proceedings elsewhere in the UK or internationally. Where claims straddle jurisdictions, organisations face added complexity in aligning legal strategy, managing disclosure obligations and maintaining consistency. Early, informed decision making is critical to controlling risk, cost and outcome.
Understanding wider business risk
The impact of class actions often extends well beyond the resolution of legal claims. High profile collective proceedings can place significant pressure on the reputation of an organisation, attract regulatory or parliamentary attention, and prompt broader governance and compliance scrutiny. For boards and senior leadership teams, group litigation risk is therefore a strategic issue, and sits alongside regulatory obligations, ESG considerations and stakeholder engagement. Effective response requires not only litigation expertise, but a deep understanding of the commercial, reputational and organisational issues that surround these actions.
Class actions explained: your key questions answered
Our legal experts answer commonly asked questions on class actions and group proceedings. Watch the video or click below for more in depth answers.
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Types of class actions we defend
We advise organisations across a broad range of matters and sectors, acting for clients facing complex, high value and often high profile claims. Our experience spans regulated, consumer facing and public sector organisations, with a focus on managing legal risk alongside wider regulatory, governance and reputational considerations.
Competition and antitrust collective actions
We defend competition related group claims brought in both the courts and specialist tribunals, including follow on and stand alone actions. Our work typically involves complex issues of liability, causation and quantum, alongside strategic engagement with regulators, funders and expert evidence across multiple jurisdictions.
Data protection and cyber related group claims
We advise organisations responding to group claims arising from alleged data misuse, cyber incidents and system vulnerabilities. We support clients through the full lifecycle of a claim, coordinating litigation defence with regulatory engagement, data breach response and communications strategy to manage both legal exposure and stakeholder impact.
Consumer, product and ESG related claims
We act on collective claims linked to consumer products, services and ESG related issues, including allegations of systemic failings, disclosure issues or environmental and social impact. Our approach focuses on proportional defence strategies, early risk assessment and resolving claims in a way that aligns with commercial priorities and long term trust.
Public law and policy driven group proceedings
We defend group proceedings involving public bodies and regulated entities where claims are driven by policy decisions, statutory duties or alleged failures in public administration. These matters often raise novel legal issues and broader public interest considerations, requiring careful handling of judicial review risk, governance obligations and political scrutiny.
Our approach to class action defence
Brodies’ approach to class action defence is rooted in early, clear sighted risk assessment. From the outset, we help clients understand the legal, regulatory and commercial dimensions of a claim, identifying risks and strategic options. This early input allows informed decisions on jurisdiction, procedure, funding exposure and engagement strategy, with a focus on the realities of defending collective litigation.
We take a structured, joined up approach to managing class actions. Throughout, we remain focused on achieving outcomes that are commercially sensible and aligned with our clients’ wider governance and business priorities.
Their ability to handle complex and sophisticated matters is very strong. Brodies has provided very practical and helpful guidance and advice at all stages of our matter.
Chambers UK 2025
Key challenges in defending UK group litigation
Defending group litigation in the UK presents a distinct set of challenges, often shaped by third party litigation funding, large and evolving claimant cohorts, and high levels of scrutiny. We help clients respond by carrying out early analysis of funding structures, claimant incentives and settlement dynamics, enabling informed decisions on defence strategy, risk exposure and opportunity for early resolution where appropriate.
Managing scale, disclosure and data complexity
The scale of claimant groups brings additional complexity, particularly around coordination, disclosure and data management. Group proceedings frequently involve significant volumes of documentation, complex data sets and overlapping factual issues. We deploy structured case management, proportionate disclosure strategies and technology assisted review to maintain control of scope, cost and timing, while ensuring compliance with procedural and regulatory obligations.
Responding to scrutiny and reputational risk
Class actions can also bring heightened media, political and public interest attention. Allegations can be framed in ways that extend beyond legal liability, engaging issues of governance, accountability and public trust. We work closely with clients and their advisers to align litigation strategy with regulatory engagement and communications planning, helping organisations navigate scrutiny with consistency and confidence. Throughout, our focus is on keeping claims manageable, proportionate and aligned with our clients’ wider business and governance priorities.
Why Choose Brodies class action solicitors
Brodies has extensive experience advising both businesses and public bodies on complex, high risk disputes, including group proceedings and class action defence across the UK. We act for organisations facing claims with significant legal, commercial and reputational consequences, bringing a balanced understanding of public and private sector decision making, regulatory environments and governance responsibilities. This breadth of perspective allows us to provide clear, pragmatic advice at board and senior leadership level.
Our sector experience spans financial services, energy and infrastructure, technology, life sciences, consumer markets and the public sector. We understand the operational realities and regulatory pressures facing organisations in these sectors, and how group litigation risk intersects with wider commercial strategy, ESG considerations and stakeholder expectations.
We offer a genuinely multi disciplinary disputes capability. Our class action defence work draws on expertise across litigation, competition, public law, data protection, regulatory investigations and governance, enabling us to address the full range of issues that group proceedings raise. Our disputes practice is consistently recognised for its strength, depth and strategic insight, reflecting our focus on complex matters where outcomes matter most.
Group Proceedings in Scotland: what businesses need to know
Group proceedings have changed the litigation landscape in Scotland. In this video, our lawyers explore the potential implications for businesses and share practical guidance on managing risk and preparing for claims.
Class actions FAQs
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Are there any legal differences between class actions and group proceedings?
Yes. In Scotland, collective claims are pursued through the statutory group proceedings regime, which allows multiple claimants with similar issues to bring claims together before the courts. In England and Wales, class actions can take different forms, including representative actions and opt out proceedings in the Competition Appeal Tribunal. While the objectives are similar, the procedural rules, thresholds and strategic considerations differ across jurisdictions.
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What does defending a class action involve?
Defending a class action typically involves early assessment of legal risk, funding arrangements, procedural options and the potential scale of exposure. It requires coordinated management of court process, disclosure, expert evidence and - in many cases - regulatory engagement. Effective defence also involves aligning legal strategy with broader commercial and governance priorities.
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When should an organisation start thinking about defence strategy?
Defence strategy should be considered as early as possible, often before formal proceedings are issued. Early engagement allows organisations to assess exposure, preserve evidence, manage communications risk and make informed decisions about procedure and resourcing. Proactive planning can significantly influence how manageable, proportionate and effective the defence ultimately is.
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How do class actions typically impact organisations beyond the legal case?
Group litigation often has implications beyond legal liability. Claims can attract media and political scrutiny, prompt regulatory intervention and raise wider issues around governance, data management or ESG commitments. These broader impacts are why many organisations treat class action risk as a strategic issue for senior leadership, not solely a litigation concern.
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What types of claims are most commonly pursued as group actions against businesses or public bodies?
Group proceedings commonly arise from competition and antitrust issues, data protection and cyber incidents, consumer and product related claims, and policy driven or public law challenges. These categories reflect areas where alleged systemic issues affect large numbers of people.
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What options are available for managing or resolving group proceedings once they arise?
Options may include procedural challenges, phased or proportionate disclosure, settlement discussions, alternative resolution mechanisms or, where appropriate, coordinated defence through to an evidential hearing. The appropriate approach depends on the nature of the claim, funding dynamics and wider commercial or regulatory context. Our focus is on identifying routes that deliver proportionate, defensible outcomes aligned with organisational objectives.
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.
They work extremely well under pressure and strive to win for their client. Their knowledge is second to none.
Chambers UK 2025
Brodies has a very strong commercial grounding in the advice they provide, which is always well received as pragmatism is very important.
Legal 500 UK 2025
A good team is built on experience, knowledge, and confidence in equal measures, as well as the exuberance of youth and a determination to do well.
Legal 500 UK 2025
Brodies is highly responsive and has an instant grasp of the situation and at hand and how to resolve it quickly.
Chambers UK 2025
