Discover the key group litigation and class action trends to look out for in England and Wales for 2026, spanning competition, securities, ESG and mass torts.

Collective Actions in the CAT

The regime enters its stride – In 2025 judgments provided important clarification on the bar to certification and the regime’s scope. This included the first liability finding in Kent v Apple, with damages not yet determined (but an estimated £1.5 billion sought). By contrast, in Gutmann v LSER and others, the CAT did not agree that providing insufficient information/availability of certain boundary rail fares amounted to an abuse of a dominant position. It also laid down a marker that competition law is not a "general law of consumer protection". In 2026, we expect more judgments from the CAT, which may further refine the regime and inform funders’ appetite for future claims.

The year for opt-in? Over 90% of CAT collective actions have been issued on an opt-out basis. In December 2025, the Supreme Court judgment in Evans v Barclays Bank examined the appropriate factors for deciding if a case should be certified on an opt-in or opt-out basis. This judgment may encourage the CAT to certify more claims on an opt-in basis, particularly those which include large businesses as part of the class.

Big Tech – Big Tech companies continue to be a key target of collective actions in the CAT. The claims include both alleged restrictive agreements and abuse of a dominant position, with the latter focusing on excessive and unfair pricing. Following Kent v Apple, we will be watching the 2026 trial in Neill v Sony, which concerns allegations that Sony's conditions and pricing practices on the PlayStation Store have caused loss and damage to users.

Where to next – It has been 10 years since the opt-out collective actions regime was introduced and, in 2025, the Department for Business and Trade opened a consultation seeking views on whether the regime really does offer access to justice. In 2026, the results of that consultation, and how the Government chooses to respond, could have a significant bearing on the future direction of the regime.

Securities

Follow on claims – Several high-profile securities class actions have been filed in relation to prior regulatory or law enforcement investigations. These include claims against Serco and Glencore plc, the latter of which is listed for trial on liability issues in October 2026.

Reliance – A live issue in FSMA securities actions is to what extent shareholders must show that they relied upon the alleged misstatements or omissions made by a listed entity. In Credit Suisse Life (Bermuda) Ltd v Ivanishvili, the Privy Council explained (in obiter) that it is not a legal requirement in a claim for deceit that the claimant is aware of the representation or understood it to have been made. While these comments are significant in the context of tortious deceit claims, it remains to be seen whether this reasoning will also be adopted in section 90A FSMA claims. Either way, reliance will remain a key issue in 2026.

Settlements – To date, all securities actions in the High Court have settled prior to final judgment on all issues, most recently the claims brought against Standard Chartered, which settled towards the end of 2025. However, with at least two new securities actions filed in the High Court in 2025, and with other cases ongoing, there is no sign of a slowdown and securities litigation represents a major and ongoing risk for listed companies in the UK.

ESG

Landmark liability ruling for overseas harms – In a significant development in 2025, the High Court found BHP liable for the 2015 Fundão dam collapse in Brazil, marking a major milestone in ESG group litigation. The liability judgment – handed down in favour of over 600,000 Brazilian claimants - underscores that English courts are willing to hold UK parent companies accountable for overseas harm . The Stage 2 trial on damages, which could amount to £36 billion, is scheduled for October 2026. For further details, please see our blog post here.

Forum non conveniens is no barrier to claims – Post-Brexit, English courts remain reluctant to dismiss ESG group claims on forum non conveniens grounds, as seen in Limbu & Ors v Dyson Technology Ltd & Ors. Recent judgments set a high threshold for corporate defendants seeking to avoid English jurisdiction for overseas harm, signalling such challenges are no longer a straightforward route for early dismissal.

Rise in climate group litigation? 2025 saw courts issue significant judgments in climate litigation around the world, with several of these cases using collective litigation tools to advance climate objectives. This indicates that the focus of ESG-related group actions is expanding beyond traditional environmental and human-rights claims. In light of the above, the UK may become a forum for group litigation in respect of climate change in the near future.

Mass tort claims

The broad reach of tort law – Mass tort claims, including negligence, deceit and nuisance, continue to feature across the group action landscape. These claims are particularly common in product liability cases, especially against manufacturers of allegedly defective products.

But not just manufacturers – Beyond product liability claims, we have also seen group tort claims brought against sports governing bodies and government departments alleging failures to protect players from concussions and personnel from hearing loss. Looking ahead, we expect to see more negligence claims in the ESG space, with groups seeking to hold companies to account for environmental damage.

More to come – With the popularity and scale of mass tort claims in the US (and high-value settlements), it is unsurprising that claimants are seeking to replicate successful US class actions in the UK courts. We have already seen announcements of several actions, including one by veterans against the manufacturer of allegedly defective combat earplugs, which follow multi-billion-dollar lawsuits in the US.

Expectations for the year ahead

In 2026, we expect to see securities, competition, ESG and mass tort class actions continue to gain momentum, while the courts and government continue to grapple with the need to maintain an appropriate balance between providing access to justice and ensuring that businesses do not face unmeritorious and overly burdensome litigation.

In the competition space, we will continue to see liability judgments and settlements, as the regime continues to mature. While last year saw a relative dip in the number of new collective actions filed with the CAT, it remains to be seen whether that trend will continue in 2026. In contrast to the success in Apple v Kent, several high-profile losses may cause funders to pursue safer "follow-on" actions, rather than more ambitious standalone claims. Funding reforms are also on the agenda, with the UK Government confirming that it will implement legislation to reverse PACCAR "as soon as parliamentary time allows" which may embolden funders. 

We anticipate courts will continue to take an active and pragmatic approach to the case management of group actions. One notable feature we have seen in the High Court is the scheduling of split liability and quantum trials in relatively quick succession, prompting parties to prepare for both stages in parallel in an effort to reduce the overall timescale of disputes. However, this approach can mean that parties incur costs upfront that may prove unnecessary if the claim fails at the liability stage. How the courts manage the growing number and vast scale of group claims working their way through the judicial system in 2026, whilst balancing the interests of claimants and defendants, will be crucial in shaping the class actions landscape.