United Kingdom: Class Actions

Drawing on Herbert Smith Freehills Kramer’s experience acting in many of the leading class actions before the English courts, this book provides practical guidance for practitioners, clients and others navigating this rapidly evolving area of litigation.

Welcome to the Autumn 2026 edition of our biannual Banking Litigation Update, in which we highlight the most important cases and developments affecting UK financial institutions over the past six months.

The third edition of our leading textbook reflects the increasing prominence of environmental and human rights-based group actions, alongside developments in class action law since the second edition in 2022.

The Court of Appeal has rejected Meta's challenge to Dr Liza Lovdahl Gormsen's amendment of her pleadings to include a claim for 'user damages' in a competition law case concerning Facebook's collection of personal data. This decision opens up another potential claim against tech companies for alleged misuse of consumer data, with the question of whether such damages will be awarded to be decided at trial in October 2028.

The case also shows that the court must interpret a judgment in a test case in context and without hindsight in determining the extent to which it binds other claims.

As online harm evolves from a regulatory concern into a significant liability exposure, platforms face mounting pressure from claimants alleging psychiatric injury, addictive design, and failures to remove harmful content. With regulators in the UK, Australia, and the US placing greater responsibility on digital platforms to identify and mitigate foreseeable harms, organizations must reassess their governance, risk management, and insurance arrangements to address this rapidly developing area of litigation.

When business conditions are more volatile, litigation and enforcement risk increases. The forces currently challenging multinationals—from geopolitical upheaval and regulatory change to the development of artificial intelligence and escalating cyber threats—also expose them to the risk of disputes.

Duane Morris Takeaways: Gregory Tsonis, a Partner in the Duane Morris Class Action Defense Group, recently spoke at the Global Class Actions and Mass Torts Conference organized by Perfect Law in London.

The Competition Appeal Tribunal has refused to grant a Collective Proceedings Order in a major consumer claim against Atlantic salmon producers, marking the first time certification has been denied solely on cost-benefit grounds. The decision scrutinizes the economics of opt-out collective proceedings and sets new expectations for class representatives to demonstrate realistic pathways to delivering value to class members rather than primarily benefiting lawyers and funders.