Survey finds growing awareness of class actions and funding amid steady ESG expectations
Public awareness of class actions in the United Kingdom is continuing to grow, according to new research that highlights rising interest in collective litigation and the mechanisms that fund it. The study, conducted by Portland Communications and released in its annual report titled Reputation and accountability: Class actions, ESG and values-driven litigation, surveyed 2,000 consumers in October.
The proportion of consumers with high levels of awareness of class actions has increased to 27 percent, three points higher than last year and part of a steady upward trend since 2023. Researchers noted that the increase was particularly striking because the number of new filings in the Competition Appeal Tribunal declined last year. They suggested that a series of high-profile cases already in progress is responsible for keeping class actions visible in the public consciousness.
Two-thirds of respondents said they would join a class action if the opportunity arose. The number who said they had never had the chance to participate dropped six points to 57 per cent. Confidence in the effectiveness of class actions has dipped slightly by five points to 52 percent, but remains significantly higher than the 43 per cent recorded two years ago.
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Litigation funding is also becoming better understood. The proportion of consumers reporting low awareness has dropped from 62 per cent to 51 per cent, while those with high awareness have almost doubled from 13 per cent to 25 per cent. There was strong public backing for reforms recommended by the Civil Justice Council earlier this year. Two-thirds believe that class representatives should disclose whether they have a litigation funder, identify the funder and explain the source of the funding. A majority of 58 per cent also agreed that funders’ returns should not be capped, provided the court ensures that the return is fair, just and reasonable.
Views on the purpose of class actions are shifting. Almost seven out of ten respondents think that class actions primarily benefit law firms and funders, a significant decline from the eight in ten who held this view last year. Support for opt-out mechanisms has also risen, with 48 per cent saying they are comfortable being included in a claim without being informed, compared with 43 per cent a year ago.
Attitudes towards the environmental, social and governance responsibilities of companies remain stable despite political developments in the United States. The survey found that 72 per cent believe that chief executives have a duty to ensure that their organisations manage climate-related risks effectively. Sixty-one percent said they would be likely to join a class action if they were directly affected by environmental harm caused by a company.
The report concludes that public expectations of corporate behaviour remain high. It highlights growing scepticism towards environmental claims and strong support for accountability in cases of alleged greenwashing. Simon Pugh, partner at Portland and head of its litigation and disputes practice, said the findings demonstrate a clear demand for transparency. He added that consumers expect openness from both litigation funders and corporate leaders and are willing to act when these expectations are not met.