UK Trends and Developments Contributed by: Samantha Ward, Ben Jasper, Ryan Byrne and Chloe Lettington, Clifford Chance LLP
should be considered and stress-tested as part of the certification analysis and cost-benefit assessment. In Waterside , certification was refused in part because the CAT was not satisfied that the proposed distribu - tion method would not effectively return damages to class members, indicating a shift in focus from wheth - er loss can be quantified on a class-wide basis to whether compensation can realistically be delivered to those harmed. This suggests that, moving forwards, class representatives and litigation funders are likely to face increasing pressure to develop credible, crea - tive and market-specific distribution solutions from the outset, whether through loyalty schemes, customer databases, digital purchasing records, account-based payment systems or other mechanisms capable of efficiently identifying and compensating class mem - bers. The success of collective actions may therefore depend not only on establishing liability and loss, but also on demonstrating a practical and effective path - way for distributing damages to class members.
However, the long-term success and legitimacy of the collective actions regime will ultimately depend on whether it can demonstrate meaningful benefits for class members. If the upcoming distribution exercises in Merricks and Mark McLaren Class Representative Limited v MOL ( Europe Africa ) Ltd and Others [2026] CAT 6 are successful in delivering substantial com - pensation to the class members, much of the current scepticism surrounding collective proceedings is likely to dissipate. Successful distributions would provide powerful evidence that the regime is capable of deliv - ering redress at scale to consumers, thereby strength - ening its legitimacy and encouraging a greater use of collective actions in the future. Conversely, poor distribution outcomes would risk fuelling criticism that collective proceedings primarily only benefit lawyers, litigation funders and other stakeholders rather than class members.
241 A NTITRUST LI T IGATI O N 2026
CHAMBERS.COM
Powered by FlippingBook