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Clifford Chance
A global view on group action litigation:<br />

A global view on group action litigation:

what lies ahead in 2026?

Group and class action litigation continues to expand globally, driven by regulatory reform outside the US and the growing availability of third‑party litigation funding. While Europe is generally lowering barriers to collective claims, the US has moved in a more restrictive direction, tightening certification standards while still endorsing class actions as a key procedural tool. For multinational companies, exposure is widening across product liability, data, competition and ESG claims, in particular, making early risk assessment, governance and jurisdiction‑specific preparedness essential.

Drawing on insights from 12 jurisdictions in the UK, Europe, US, APAC and the Middle East, our latest report explores key global trends, areas of increasing risk and practical considerations for multinational clients as class action exposure continues to grow.

Download the full report here.

Country reports

Australia

  • Class action activity in Australia reached record levels in 2025, with diversification of claim types across consumer, employment, securities and ESG related matters.
  • Litigation funding is a central feature of the market, while forum choice increasingly favoured Victoria due to Group Costs Orders and a series of High Court decisions reshaping funding strategy and procedural dynamics.
  • Landmark High Court rulings in 2025 clarified the limits of funding arrangements, reinforced soft class closure mechanisms and further entrenched Victoria as a focal jurisdiction for plaintiff led class actions.

Download the full report here.

Czech Republic

  • The Czech Republic’s new opt in collective action regime is narrowly focused on consumer monetary claims but has already demonstrated procedural efficiency and speed, with the first case reaching judgment within seven months and confirming the court’s flexible, representative approach.

Download the full report here.

France

  • France’s original class action regime saw limited use and few successful outcomes, but sweeping reforms introduced in May 2025 have replaced fragmented sector specific rules with a single, simplified framework.
  • The new regime significantly broadens access and scope, allowing a wider range of claimants, expanded remedies including compensation and cessation and facilitated third party funding.
  • While only one case has been filed so far under the new rules, the reforms are expected to drive increased mass claims litigation and scrutiny for companies from 2026 onwards.

Download the full report here.

Germany

  • Mass claims litigation in Germany is accelerating, driven by litigation funding, claimant firm coordination and legal frameworks that support large scale individual actions, claims bundling and collective redress.
  • Exposure is rising across product liability, General Data Protection Regulation (GDPR), greenwashing and antitrust, with new EU directives and recent case law making standardised, high volume claims easier to pursue.
  • Litigation funding is playing a growing role, with funders targeting collective redress and profit skimming actions and 2026 shaping up as a test year for these mechanisms.

Download the full report here.

Italy

  • Group litigation risk in Italy is increasing, with courts confirming that multiple collective redress routes can run in parallel and that individual variations in loss do not prevent collective treatment where a uniform methodology applies.
  • Collective action mechanisms are moving into routine use, particularly for consumer‑facing and EU‑law‑based claims, with early admissibility often prompting settlement rather than a full merits judgment.
  • Public data points to a rapid rise in collective proceedings and material monetary exposure, especially in consumer, product safety and financial services disputes, even though official figures likely understate the true level of activity.

Download the full report here.

Luxembourg

  • Luxembourg has introduced a new consumer class action regime allowing qualified entities to seek injunctions and compensation against professionals, but its practical impact remains untested given the absence of case law to date.

Download the full report here.

Netherlands

  • The WAMCA has reshaped Dutch mass litigation by enabling collective claims for monetary damages, but strict standing requirements and a lengthy admissibility phase have slowed progress and limited merits rulings.
  • Recent case law and pending CJEU guidance, particularly in GDPR‑related actions, are likely to be decisive for the future scope and viability of collective damages claims in the Netherlands.
  • While filings seem to have levelled off, risk exposure remains concentrated in data protection, consumer law and ESG‑related claims, with courts showing increasing openness to bundling material and non‑material damages.

Download the full report here.

Spain

  • Spain remains without a modern collective redress regime, with the proposed Collective Actions Act implementing the Representative Actions Directive delayed and facing political and legislative uncertainty.
  • In practice, collective risk is shaped less by formal class actions and more by aggregation models, including bundled claims, assignments and funder‑backed structures, particularly in competition and consumer disputes.
  • Even without a dedicated framework, Spanish courts and market participants are actively expanding collective litigation pathways, with competition damages and financial services disputes driving scale and momentum.

Download the full report here.

United Kingdom

  • The UK remains an active and evolving forum for group litigation, with competition, securities and ESG claims gaining momentum and Courts taking a more assertive role in case management and certification.
  • Funding remains a central uncertainty, with the Government committed to reversing PACCAR but the scope and timing of reform still unclear, leaving funders and claimants operating in a transitional environment.
  • Recent decisions show courts tightening the gate for representative and collective actions while also demonstrating a willingness to hold UK parent companies liable for overseas harm, significantly increasing litigation risk for global businesses.

Download the full report here.

United States

  • US class action filings remain at historically high levels, with product liability, antitrust, data breach and privacy, consumer protection and securities fraud driving volumes into 2026.
  •  While US class action law did not materially change in 2025, Supreme Court decisions preserved the status quo on certification standards and reinforced Rule 23 as the route for broadly applicable injunctive relief.
  • Litigation funding and aggregation strategies continue to shape risk, alongside expanding exposure from mass torts, algorithmic pricing claims, data breaches and climate and greenwashing litigation across multiple sectors.

Download the full report here.

UAE

  • The UAE has no formal class action regime, with only limited collective mechanisms in onshore courts and low‑use group litigation orders in the DIFC and ADGM.

Download the full report here.

Saudi Arabia

  • Saudi Arabia has an emerging class action system, with securities disputes before the CRSD the most developed and frequently used.

Download the full report here.

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