The Law Commission has announced that the Government has requested that it consider the introduction of a consumer class actions regime. At the moment, class actions in the UK are only available in relation to competition law claims. 

The Law Commission has stated that the purpose of any consumer class actions regime would be to improve consumers’ access to redress for breaches of consumer law and to promote the efficient conduct of litigation for consumer law at proportionate cost. As part of the project, the Law Commission has stated that it intends to examine the potential benefits and risks of introducing a consumer class actions regime, alongside an evaluation of existing mechanisms for consumer law breaches such as public enforcement action and alternative dispute resolution. In addition, the Law Commission will also consider how such a regime should be designed, were one to be introduced. An initial scoping questionnaire has been released with responses to be submitted by 30 October 2026.

The timing of the announcement is interesting given the Government’s current review of the opt-out collective actions regime for competition law claims which was established by the Consumer Rights Act 2015. The Government announced that review on the basis that the opt-out collective actions regime had been in operation for 10 years and had developed significantly in that time. 

The Department for Business and Trade released a call for evidence which closed in October 2025. Proposed reforms are likely to be released this year. At this stage, there does seem to be the potential for overlap between the outcome of any opt-out collective actions regime review and the Law Commission’s consumer class action regime project.  It is also notable that the Government is also yet to implement its proposed reforms on third-party litigation funding which it announced in December 2025, namely to reverse the Supreme Court’s decision in PACCAR and introduce proportionate regulation to third-party litigation funding. 

The Law Commission’s consideration of a potential consumer class actions regime coincides with the CMA’s increased focus on consumer law enforcement.  It could also address a perceived lacuna in the private enforcement of consumer law (which has tended to result in actions being formulated as competition law claims in order to avail of the opt-out collective action regime). 

However, the project also risks increasing uncertainty for businesses, particularly in light of the current economic climate. While it is interesting to see the Law Commission giving thought to this issue, it is worth bearing in mind that the consultation is at a very preliminary stage, with responses to the initial scoping questionnaire invited by the end of October.  It remains to be seen whether the Law Commission will conclude that the benefits of a consumer class actions regime outweigh the potential risks.