Project will assess whether collective redress could strengthen enforcement of consumer law
The Law Commission has launched a project to consider the potential introduction of a consumer class actions regime, including whether such a system could ensure “the efficient conduct of litigation at proportionate cost” without promoting “speculative claims”.
The initiative, sponsored by the Department for Business and Trade, will “identify the benefits and risks associated with the introduction of a consumer class actions regime, having regard to other available mechanisms such as public enforcement action and alternative dispute resolution”. The project will also make recommendations on the design of a regime.
The Law Commission said “the Government has asked the Law Commission to assess whether the way consumer laws are enforced could be strengthened through the introduction of a consumer class actions regime.”
The project will explore whether current routes to consumer redress including public enforcement and alternative dispute resolution are sufficient, or whether collective proceedings could provide a more effective mechanism for addressing widespread consumer harm.
At present, collective redress in England and Wales remains limited outside specific areas such as competition law, and the move reflects growing debate about whether a broader regime is needed to deter unlawful business practices and improve access to justice.
The commission will also consider how any regime should be structured, including questions around funding, procedure and whether an opt-in or opt-out model would be appropriate.
Professor Solène Rowan, commissioner for commercial and common law, said: “The Law Commission welcomes the opportunity to bring its expertise in evidence based law reform to consumer class actions. The project will examine the benefits and risks of introducing a consumer class actions regime and make recommendations as to how such a regime might operate.”
The commission is inviting views through an initial scoping questionnaire, with responses requested by 30 October 2026, ahead of a fuller consultation paper setting out provisional proposals.
The project is expected to examine these competing considerations, with a view to recommending a framework that is both effective and proportionate.