Houthoff Class Action Survey 2024

Class actions are a significant concern for many of our clients. The growing complexity and scale of society are reflected in an increasing complexity and scale of potential legal disputes. Therefore, five years after our first Class Action Survey, we have partnered with 11 other law firms to once again investigate the key trends in class actions in 12 leading jurisdictions. The jurisdictions comprise the Netherlands, the United Kingdom, Portugal, Poland, Spain, Ireland, France, Germany, Belgium, Italy, the United States and Israel.

At Houthoff, we observe that today’s business climate is undergoing pivotal changes, presenting new challenges for dispute resolution. Companies must navigate a complex landscape marked by diminishing borders and increasing competition in Europe, while facing rising barriers and declining free trade elsewhere. Rapid scientific and technological advancements, along with disruptive factors like climate change and geopolitical instability, add to the challenges. There are ever-growing government regulations aimed at managing these changes and empowering consumers. In Europe, the Representative Actions Directive (EU) 2020/1828 (RAD) obliges EU Member States to allow qualified entities to bring cross-border collective actions to enforce consumer rights and secure remedies for affected parties. In this volatile environment, decisions can have unforeseen consequences affecting large groups across multiple jurisdictions, with modern technology and regulations enabling mass responses.

Addressing these challenges requires staying informed about new trends and legislation. We believe that a deeper understanding of how class actions function in various jurisdictions is crucial for understanding, assessing, anticipating, avoiding and resolving today’s complex international mass claims cases.

The research involved interviewing experts and practitioners and soliciting their views on current and future developments. We hope these insights will provide valuable practical strategies for all involved.