Class actions are growing in volume and complexity around the world. Their increased popularity is a 21st century phenomenon that transcends the legal evolution in any one jurisdiction. It is being driven by megatrends including globalisation, technological change, economic development, rapid consumerisation and growing expectations of corporate responsibility.
This is an area where legal frameworks are changing rapidly. Some countries like Australia have had well-developed class action laws for more than 30 years, providing plaintiffs with collective forms of redress. In other nations, a patchwork of regulation is being supplemented by judicial interpretation and case law. In Europe, a significant novelty has been the strengthening of domestic class action frameworks, transposing the region-wide EU Directive on Representative Actions for the Protection of the Collective Interests of Consumers that was passed in 2020.
Drawing on our extensive global experience in litigating and advising clients on class actions and disputes, Herbert Smith Freehills has produced an overview of the legal landscape in key jurisdictions. Countries covered include Australia, France, Germany, Italy, South Africa, Spain, Thailand and the United Kingdom.
This overview is intended as a resource for large organisations and legal teams seeking to navigate a rapidly evolving terrain. Impetus for litigation is broadening from disputes involving consumer protection to financial services and breaches of environmental and human rights. Digital transformation is bringing new risks around cyber breaches and data privacy.
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Companies operating in multiple jurisdictions must prepare for parallel and transnational actions, potential forum shopping from claimants, and serious reputational and financial exposure. While not intended to be exhaustive, our aim is to highlight recent legal developments, identify trends and help organisations prepare and ideally avoid litigation through improved business practices and prudent risk management.
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The contents of this publication are for reference purposes only and may not be current as at the date of accessing this publication. They do not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking any action based on this publication.
© Herbert Smith Freehills 2024
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