News

EJF, together with the Scottish Chamber of Commerce, BritishAmerican Business; and the US Chamber Institute of Legal Reform called for an in-depth consultation on new class action legislation

In May 2021, a group of business and legal bodies representing Scotland, Europe and the US have warned about the possible introduction of US-style ‘opt-out’ class action lawsuits in Scottish courts.  

In May 2021, a group of business and legal bodies representing Scotland, Europe and the US have warned about the possible introduction of US-style ‘opt-out’ class action lawsuits in Scottish courts. In particular, the Scottish Chambers of Commerce; the European Justice Forum; the BritishAmerican Business; and the US Chamber Institute of Legal Reform jointly wrote to the Scottish Civil Justice Council (SCJC) and Scottish Government in order to bring to their attention the concerns on the potential economic impact of adopting ‘opt-out’ legislation and have called for further consultation on the matter.

EJF, together with the signatories have called for a cautious approach to avoid the introduction of new rules that would create a ‘litigation culture’ in Scotland which could damage the economy while enriching litigation funders and law firms. That is why EJF and the other parties have requested the SCJC to run a full public consultation prior to introducing any ‘opt-out’ mechanism to make sure that the new legislation is properly balanced. The issue was also taken up by the media (see here).

The joint letter underlines the risks of introducing ‘opt-out’ class action lawsuits and explains the potential threat that the opt-out mechanism could pose to businesses and other organisations which can arise from the likes of data breach, product liability, and employee claims. To avoid this, a wider public consultation seems to be reasonable and a sensible course of action. According to SCJC feedback, at this time there are no proposals to take forward work to consider an ‘opt-out’ regime for group proceedings.

 

Share this page

News

OPEN DECLARATION CALLING FOR FREQUENTLY ASKED QUESTIONS TO GUIDE INTERPRETATION OF THE PRODUCT LIABILITY DIRECTIVE

EJF has joined a coalition of organisations (the U.S. Chamber of Commerce Institute for Legal Reform, MedTech Europe, CEFIC, the Digital Poland Association, Danish Industry and EFPIA calling on the European Commission to issue Frequently Asked Questions (FAQs) to guide implementation of the revised Product Liability Directive (PLD) ahead of its January 2027 application deadline.

read more

News

Press Release: Liability Frameworks in the Life Sciences Sector and their Implications for the EU Single Market

On Tuesday, 9 June 2026, the European Justice Forum in partnership with European Federation of Pharmaceutical Industries and Associations (EFPIA) and MEDTECH Europe, organised a working lunch titled "Liability Frameworks in the Life Sciences Sector and their Implications for the EU Single Market", hosted by MEP Adam Jarubas, Chair of the SANT Committee and co-hosted by MEP Anna Zalewska, European Conservatives and Reformists, MEP Vytenis Povilas Andriukaitis, Socialists and Democrats, in the European Parliament, in Brussels.

read more

News

PRESS RELEASE: Consumer Protection and Product Liability 
Challenges in the EU - Lessons to be Learnt from the Nordics

On Monday, 8 June 2026, the European Justice Forum organised a roundtable titled "Consumer Protection and Product Liability Challenges in the EU - Lessons to be Learnt from the Nordics", held at Avenue des Arts 6-9, Brussels.

read more

News

Amendment to product liability law met with mixed reactions

Berlin: The draft bill presented by the Federal Government “on the modernisation of product liability law” has received mixed reviews from experts. At a public hearing of the Committee on Law and Consumer Protection on Monday, the planned 1:1 implementation of a corresponding EU directive was criticised by some as going too far and by others as being too unambitious.

read more