A major conference in Edinburgh later this month will explore the potential introduction of opt-out class action lawsuits in Scotland, amid growing debate over the implications for businesses and public sector organisations.
Hosted by international law firm CMS in partnership with CBI Scotland, the Fraser of Allander Institute and the David Hume Institute, the half-day event on 11 June will provide a detailed look at proposals currently under consultation by the Scottish Government.
Under the proposed opt-out model, individuals affected by a legal claim would automatically be included in any group action or settlement unless they actively choose to withdraw. Similar systems in jurisdictions such as the United States, Australia and Canada have led to a marked increase in class action cases, raising concerns about litigation risk and economic impact.
Colin Hutton, partner and disputes specialist at CMS, said the potential shift could be profound. “If implemented, opt-out class action lawsuits would mark the most significant shift in Scottish litigation risk in decades, with potential implications across the UK and Europe,” he said.
“Our event will focus on the legal, commercial and business implications of opt-out class actions and explore the potential economic impact of this legislation on Scotland’s business community and public sector organisations.”
The conference will bring together a range of prominent speakers to examine the broader consequences of the proposals, including access to justice, deterrence and the balance of litigation risk.
Charandeep Singh BEM, chief executive of the Scottish Chambers of Commerce, will deliver the keynote address. He will be joined by speakers including Sebastian Burnside, chief economist at NatWest Group; David Greene, senior partner in commercial disputes and class actions at Edwin Coe LLP; Seema Kennedy OBE, executive director of Fair Civil Justice; and Mags Simpson, senior associate director at CBI Scotland.
Legal and policy perspectives will also be provided by CMS’s disputes resolution team alongside Professor Mairi Spowage, director of the Fraser of Allander Institute; Michael Stewart, head of litigation at NHS Scotland; and Douglas White, director of policy and advocacy at Consumer Scotland.
Hutton added: “With limited time to influence the Scottish Government’s consultation process, I would urge business leaders, policy advisers and senior in-house lawyers to attend what promises to be a very in-depth and informative conference examining the core issues around the introduction of opt-out legislation.”
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The event will take place at CMS’s Edinburgh office and is expected to attract senior figures from across Scotland’s legal, business and policy communities.
More information and registration details are available via CMS.
