Current status: Answered by Siobhian Brown on 2 October 2025
To ask the Scottish Government what discussions it has had with the Department for Business and Trade regarding the impact of opt-out group proceedings (class action) litigation on competition matters, and what lessons it has drawn for the Scotland-specific context of this, including any implications for (a) the operation of Scotland's courts, (b) Scotland’s competitiveness as a location for business and investment and (c) consumers.
As set out in the answer to S6W 40658 on 2 October 2025, the introduction of opt-out group proceedings in Scotland is a matter for the Scottish Civil Justice Council (SCJC). Under the 2018 Act , opt-out procedures can only be introduced through rules of court made by the Court of Session on the recommendation of the SCJC.
The Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018, as introduced, provided only for opt-in group proceedings. However, at Stage 2, non-Government amendments were accepted by the Justice Committee to allow for both opt-in and opt-out procedures, with the type of procedure to be determined by the court in each case. These amendments were supported by all opposition parties and were not overturned at Stage 3.
While the Scottish Government did not oppose the principle of opt-out proceedings, it had concerns about the complexity of implementing such a model without further analysis. The Government’s preference was to introduce opt-in proceedings first, with opt-out to be considered following post-legislative scrutiny. As a result, a full policy analysis of the opt-out model was not undertaken at the time of the Bill’s passage, on the understanding that detailed analysis and stakeholder engagement would be carried out prior to implementation. This remains the Government’s position
The Scottish Government is aware of the growing interest in the potential introduction of opt-out group proceedings in Scotland, particularly in relation to competition matters. While there have been no formal bilateral discussions with the UK Department for Business and Trade specifically on this issue, the Scottish Government continues to monitor developments in UK-wide competition litigation, including the operation of opt-out collective proceedings before the Competition Appeal Tribunal (CAT) in England and Wales.
I also further refer the member to the answers to question S6W-40658 on 2 October 2025. All answers to written Parliamentary Questions are available on the Parliament's website, the search facility for which can be found at https://www.parliament.scot/chamber-and-committees/written-questions-and-answers.