Scotland could be on the brink of a major legal shift that businesses cannot afford to ignore. The Scottish Civil Justice Council (SCJC) is considering introducing an opt-out system for group proceedings, a move that would make collective claims easier to pursue and significantly increase litigation risk for organisations operating in Scotland.
Group proceedings - similar to class actions in other parts of the world - were introduced in Scotland under the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018. The legislation allowed for both opt-in and opt-out models, but only the opt-in procedure has been implemented to date.
What are group proceedings?
A group proceedings or class action is an action brought jointly by a group of claimants who have all suffered the same, similar or related harm as a result of the actions of one defender or defenders. For many the closest they have come to being part of a claimant group involves watching the Oscar winning film, Erin Brokovich.
Class actions have been open to claimants in many countries and jurisdictions across the world, including the USA, and England and Wales for many years. In Scotland, groups have been able to join together to bring class actions or group proceedings, as they are known here, since the summer of 2020.
The introduction of group proceedings in Scotland has already had a huge impact, with several large groups of claimants coming together to bring actions against defenders, where they believe that all suffered similar harm. Examples include groups pursuing vehicle manufacturers for “Dieselgate” claims arising from alleged mis-selling of diesel vehicles, and tea pickers suing their former employer for injuries they say they suffered due to their working conditions in Kenya.
This has enabled claims that would not otherwise have been viable to be brought. For example, where they’re individually for relatively low sums, they now have the benefit of sharing cost and potential risk in bringing the claims together.
Under the current opt-in system, those who want to make a claim must actively join the group. This approach was introduced in 2020, with the SCJC deferring consideration of opt-out actions until sufficient experience had been gathered.
That moment arrived in October 2025 when the SCJC issued a call for evidence on whether Scotland should introduce an opt-out procedure for group proceedings. This consultation signals a potential shift in the way collective claims are managed in Scotland.
What is being considered?
The SCJC has now established a working group to explore extending the rules to include an opt-out procedure. If this is adopted it means;
- those in Scotland who fall within the defined group would automatically be included in proceedings unless they actively opt out; and
- those outside Scotland who fall within the defined group could still choose to participate in group proceedings taking place here.
The introduction of a general ‘opt-out’ procedure in Scotland would be the most significant change to civil procedure in Scotland for nearly 500 years. It would have a seismic impact on the class actions landscape in Scotland. It would also create a notable divergence from England and Wales, where opt-out actions are generally limited to competition cases. That disconnect may well lead to pressure for an equivalent general ‘opt-out’ procedure across the UK as a whole.
The impact on business
The introduction of opt-out group proceedings could have significant and far-reaching consequences for businesses. By automatically including those who have claims unless they actively opt out, these proceedings are likely to create far larger claimant groups and, in turn, higher-value claims.
The funding environment in Scotland further amplifies this risk. Higher value claims are going to be more attractive to litigation funders and claimant solicitors, who will, no doubt, be more proactive in identifying suitable claims to progress under the opt-out procedure. This new framework for seeking redress, and the attendant shift in appetite amongst funders and solicitors it will stimulate, will increase litigation risk, particularly for organisations with extensive customer bases, service users, or large workforces, as they may face a surge in collective actions.
Next steps
The Scottish Civil Justice Council’s call for evidence closes on 23 January 2026, giving businesses a limited window to prepare and respond. Organisations should begin by assessing their potential exposure under an opt-out regime and identifying areas of vulnerability. It is also advisable to consider making representations —either directly, through trade or industry bodies or through legal advisers — to help shape the development of the rules.
Finally, staying informed is essential. This area of law is evolving rapidly, and proactive engagement now could mitigate future risk.
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