Like the Netherlands, there are no constraints on the use of funding in group proceedings, which sets Scotland apart from some other jurisdictions. So, if Scotland is so well-positioned for class actions, why have there not been more? The main reason is that the Scottish procedure is still in its relative infancy. Class actions, known within Scotland as ‘group proceedings’, were introduced with the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018. And while the 2018 Act provides for the possibility of both ‘opt in’ and ‘opt out’ class actions, only provisions relating to opt in actions have been brought into force. Opt in actions mean that the claimants have proactively sought to be involved It is important to note that the opportunities that group proceedings may bring for consumers have to be balanced against the risks and cost for business. SPECIAL FEATURE 41
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