Scottish Civil Justice Council Consultation on Opt-Out Collective Proceedings

The Scottish Civil Justice Council consultation on introducing an opt-out regime for civil claims in Scotland closed on 23 January 2026. The proposal would allow claims on behalf of groups without active consent from class members, who would need to opt out if they did not wish to participate. Currently, opt-out proceedings in the UK are only available for competition claims, while the Scottish procedure could be open to all legal areas. The consultation considers extending Scottish civil procedure to permit US-style opt-out class actions, which would significantly change the litigation landscape in Scotland with broader implications for the UK.

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