Key Takeaway: While distribution, funding, and jurisdictional differences remain central to collective actions discussions, Q2 marks a shift from framework design to real-world execution. Participants are focusing on improving distribution outcomes, building class-member trust, navigating divergent European regimes, and responding to growing scrutiny of settlements and case management. This is all occurring amidst rising expectations to deliver meaningful claimant outcomes.

Perfect Law Global Class Actions and Mass Torts Conference

On the first day of the Global Class Actions and Mass Torts Conference hosted by Perfect Law in London, discussions spanned class actions across jurisdictions in the US, the UK, the European Union (EU), Canada, and Australia. The conference featured a keynote from Mrs. Justice Bacon, DBE, President of the Competition Appeal Tribunal (CAT), on large-scale collective actions, followed by sessions focusing on opt-in mechanisms, particularly mass arbitration.

Day two focused on distribution and administration across jurisdictions, including the evolution of distribution from the US to the UK, the treatment of undistributed funds, and the growth of alternative payment solutions. These discussions reinforced the importance of understanding how distribution models differ internationally and the increasing role of alternative payment mechanisms in improving outcomes.

A panel on opt-in collective redress and mass arbitration, chaired by Loree Kovach, Senior Vice President, Strategy and Client Technology, Europe at Epiq, featured lively debate between claimant and defendant representatives, highlighting continued tension in the collective actions market.

Epiq Mass & Class Conference

The Epiq-hosted Mass & Class Conference in South Carolina, US, differed from many industry events this quarter by featuring a predominantly US audience of practitioners. The conference also featured an international perspective through a panel hosted by Epiq expert Clare Ducksbury, Senior Vice President, Class Action Solutions, Europe. The panel brought together UK funders and European claimant and defence practitioners to highlight developments in the international class action landscape. 

A key takeaway (and ongoing theme that emerged in Q1) was that the implementation of the Representative Actions Directive (RAD) is creating divergent procedural environments across Europe. These frameworks differ from US, Canadian, and Australian-style class action regimes.

Observations reinforce that each jurisdiction requires tailored support from claims administrators. For example, Germany’s assignment model requires validation of claim ownership and transfers. Core services remain transferable but must adapt to local legal frameworks. 

The Bar Council of England and Wales International Collective Redress Conference

Topics emphasised at the International Collective Redress Conference, hosted at King’s College London, included opt-in versus opt-out mechanisms, case management, funding, and the increased scrutiny of distribution and settlement processes.

Panellists included:

• Liza Lovdahl Gormsen, Senior Research Fellow in Competition Law and Director, Competition Law Forum
• Sir Peter Roth, Chairman of the Competition Appeal Tribunal (CAT)
• Clare Ducksbury, Senior Vice President, Class Action Solutions, Europe, Epiq

The panel explored distribution and settlements, emphasising that trust is a critical barrier to successful distribution. Steps to reinforce trust include forming partnerships with charities and ambassadors and collaborating with consumer organisations (such as The Access to Justice Foundation) to build credibility with class members.

The discussion also challenged assumptions around how claims administrators are paid. Panellists clarified that costs are typically volume-driven and that the first settlement, Gutmann v. Stagecoach South Western Trains Ltd., which was fixed-fee, was not representative.

Fraud risk was another topic of note. Large-scale claims are inherently attractive to fraudsters; even with strategic controls, teams cannot eliminate fraud entirely. This aligns with the approach in broader financial systems of managing risk rather than attempting to remove it.

Madrid Competition Litigation Seminar 2026

The Madrid Competition Litigation Seminar (MCLS) saw strong attendance from the European judiciary and high-quality discussion. A notable item was the significant variation in judicial attitudes toward class actions.

Opinions differed on how distribution should be approached. For example, a French judge insisted that distribution must involve direct bank payments, with alternative payment methods not considered valid in that context. This reinforces that, even within EU-wide frameworks, implementation will vary, with judicial preference shaping how regimes operate.

ThoughtLeaders4 UK Class Actions Circle

Two important observations at the UK Class Actions Circle held in London in May, were the increase in participation from class representatives and the increasing engagement between class representatives and practitioners. These suggest a shift towards more inclusive ecosystem-wide discussions.

ThoughtLeaders4 Consumer Protection and Enforcement Regime Summit

The Competition Markets Authority (CMA) Consumer Protection and Enforcement Regime Summit provided cross-sector insight.

A topic of particular emphasis was the evolving CMA expectations around consumer standards, with a strong focus on transparency, user experience, and fairness in digital environments. For claims administrators, these standards provide a useful benchmark for consumer-facing website best practice.

Cambridge Forum on European Collective Redress

The Cambridge Forum on European Collective Redress in Chantilly was well attended across 10 jurisdictions, showcasing diversity amongst participants, with strong representation from senior decision-makers. Among the notable topics was Alternative Dispute Resolution (ADR), with mediation, voluntary redress schemes and private settlements identified as growing areas of interest. There was consensus that ADR remains underutilised, despite its strong potential in class actions. This is likely to become a future trend across jurisdictions.

ThoughtLeaders4 The Competition Collective Actions Forum

The Competition Collective Actions Forum brought together leading practitioners and experts to discuss key developments and emerging issues in the UK collective actions landscape. 
The panel session chaired by Elaine Whiteford, Partner at Wilkie Farr, featured:

• Emma Birch, Partner, KP Law
• Peter Davis, Principal and Co-Leader, The Brattle Group
• Helen Fairhead, Partner, Herbert Smith Freehills Kramer
• Wessen Jazrawi, Partner, Mishcon de Reya, 
• Clare Ducksbury, Senior Vice President, Class Action Solutions, Europe, Epiq

Panellists focused on settlement trends and developments in carriage disputes.

A particularly consequential development is the ongoing shift in the how carriage disputes are being handled, with increasing expectations from the CAT that claims should be consolidated where possible and class representatives work together rather than competing for who will bring the claim.

The conference also sparked discussion about the new approaches to the redistribution of residual funds, particularly in the US, where remaining funds may be redistributed to participating class members. While the UK system continues to focus on a compensatory distribution, there is emerging interest in revisiting this position.

Cases and Developments To Watch

Looking ahead to Q3, Merricks v. Mastercard continues to command attention as a deadline for further action by Innsworth approaches. The outcome will shape expectations around funder returns and litigation outcomes.

The McClaren v. MOL (Europe Africa) Ltd. and Others case will be important for assessing distribution outcomes.

The consultation on extending the regime into consumer claims launched during Q2. These developments indicate continued scrutiny of the effectiveness of the regime and reinforce the increasing importance of distribution strategy and execution.

Learn more about Epiq Class Action and Mass Tort Services.
 

Clare Ducksbury, Senior Vice President, Class Action Solutions, Europe
Clare’s skills and experience lend themselves to the successful, efficient, and cost-effective notice and administration of collective actions. Over the course of more than 25 years, Clare has been instrumental in outreach programs and distribution in various high-profile cases. Clare co-founded Case Pilots in 2017 and served as its CEO for eight years until Epiq acquired the leading UK claims administration company in July 2025.

Clare is a subject matter expert and frequent speaker on topics including global class actions and technology-powered litigation distribution.