1. The Impact of Increased Mass Litigation in the UK
- Author:
- Oscar Guinea, Dyuti Pandya, Vanika Sharma, and Renata Zilli
- Publication Date:
- 06-2025
- Content Type:
- Working Paper
- Institution:
- European Centre for International Political Economy (ECIPE)
- Abstract:
- Over the past decade, the United Kingdom has seen a marked rise in collective litigation, transforming what was once a niche legal, rarely employed, tool into a fast-growing business model with wide-ranging economic implications. At a time when the country seeks to boost investment, support innovation and attract global business, the proliferation of mass litigation risks undermining these ambitions. This study takes a closer look at how mass litigation is reshaping the UK’s legal, business and regulatory landscape – and asks whether the balance between justice and economic efficiency is tipping too far. The UK stands out among European countries for the ease with which mass claims can be launched. It has long provided a favourable environment for consumer representation and dispute resolution, with a strong culture of accountability. But recent years have seen the emergence of a new ecosystem: law firms specialising in group actions; litigation funders offering upfront capital in exchange for a share of awards; and Claims Management Companies (CMCs) that recruit claimants en masse and process high volumes of cases. The business model has proved highly successful, making group litigation an asset class in its own right and pushing collective actions far beyond traditional sectors such as banking and pharmaceuticals. Today, a growing portion of the UK economy is in the firing line – with potentially damaging consequences. This shift has been rapid and striking. From fewer than 10 mass litigation cases in the late 2010s, the UK saw 47 such actions in 2024 alone, more than any other European country. On a per capita basis, the UK ranks as one of the most litigious jurisdictions in Europe, well ahead of comparable economies such as France or Germany. The implications for the UK economy are far-reaching: many of the companies targeted by these actions operate in sectors that were included in the UK Government’s latest industrial strategy as critical to the country’s future economic growth. Whereas previously limited to financial and professional services, mass litigation cases are now rising in UK companies working in life sciences, advanced manufacturing and digital services. These are industries where risk-taking, long product development cycles and data-driven innovation are the norm. The threat of mass litigation introduces uncertainty and cost at exactly the moment when these businesses need regulatory clarity and investment stability. Moreover, claims against public sector entities involve a direct transfer of capital from the tax payer to hedge fund litigation funders. The financial burden is also considerable. Legal fees and returns to funders often consume a large share of total settlements, reducing the compensation that actually reaches affected individuals. In the Post Office Horizon scandal, for example, £46 million in legal fees and funders payments were deducted from a £57 million settlement, leaving a paltry sum of just over £20,000 per claimant. In the recent judgment of Merricks v. Mastercard, £100 million have been allocated to compensate consumers. Affected individuals could receive up to £70 each if only 5 percent claim, but as little as £2.5 if the full class of 44 million comes forward. These figures raise questions about who really benefits from mass litigation. The limited benefits for individual consumers stand in stark contrast to the substantial costs that mass litigation imposes on the UK economy as a whole. Our scenario modelling shows that, under a scenario where the costs of mass litigation are just 30 percent of the current costs in the US, litigation costs in the UK could reach more than half of the claim value; the cost of mass litigation for the UK economy could reach close to £18 billion, and the market capitalisation of the UK’s most innovative companies could fall by £11.2 billion, more than half the announced public investment into R&D in the 2025 Autumn Budget. These financial pressures affect the whole country. While many large companies are headquartered in Greater London, their operations, and the jobs they support, are often spread across the wider regions. This means that the impact of a legal challenge is not just a concern for a corporate boardroom in London, but it impacts local economies and communities across the UK. As the Civil Justice Council reviews the framework for litigation funding, this study provides evidence to inform the debate. It does not argue against collective actions per se but urges a careful weighing of their benefits against broader economic costs. If the UK wants to remain an attractive destination for business, investment, and innovation, it must ensure that its legal infrastructure supports rather than stifles those ambitions.
- Topic:
- Economics, European Union, Finance, and Litigation
- Political Geography:
- United Kingdom and Europe