Designing the Future of Scottish Class Actions: What Businesses Should Be Doing Now

Andie Fergusson and Craig Watt of Brodies warn that Scotland’s consultation on moving toward opt-out group proceedings could materially expand the scale and attractiveness of Scottish class actions for litigation funders, positioning the jurisdiction as a more predictable and funder-friendly forum and prompting businesses to reassess exposure, data readiness, and settlement strategy as policymakers consider reforms led by the Scottish Civil Justice Council.