Developments in UK Disputes: Implications for 2025 and Beyond
February 28, 2025
February 28, 2025
2025 looks set to see the continuation of several trends in UK disputes, including in relation to class and collective actions, litigation funding and ESG disputes.
Both the Competition Appeal Tribunal and the English High Court have continued to scrutinise representatives in collective action proceedings and representative proceedings respectively, emphasising the importance of proper representation of the class. Meanwhile, litigation funding remains poised for reform. At the same time, we expect to see more ESG-related claims, with regulatory scrutiny contributing to an evolving litigation landscape.
There have also been new developments over the last year which are likely to have a lasting impact in the courts going forward. In respect of legal privilege, the courts have provided some clarity on aspects of privilege (like waiver), and muddled others (like the Shareholder Rule). A Court of Appeal decision on “secret” commissions in the motor industry will shortly be considered by the UK Supreme Court, which will impact transparency obligations in financial transactions involving intermediaries generally.
Several legal developments are also underway this year, with the Arbitration Bill having recently received royal assent and the Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters 2019 due to enter into force in July. The latter will enhance the recognition and enforcement of UK judgments in contracting states (including the EU).
Finally, certain trends and developments featured in last year’s update are still very much in flux, for example, in relation to both AI and digital assets, as the UK government and related agencies continue to consult on these new technologies and how best to regulate them. Meanwhile, the courts are continuing to grapple with new legal questions in this space, such as the applicability of copyright protections to AI-generated content and the proprietary nature of crypto assets, a trend we anticipate will continue alongside future regulatory change.