February 2026 Briefcase Disputes at Slaughter and May

Slaughter and May’s Disputes Briefcase offers valuable insights into the legal world of litigation and arbitration, providing readers with a concise overview of critical developments in the field. The Disputes Briefcase, compiled by experts from Slaughter and May’s disputes team, serves as a go-to resource for General Counsel and their respective teams. Each edition of this publication acts as a comprehensive guide to navigating the complex landscape of legal disputes. While previous editions are readily accessible, readers also have the opportunity to subscribe to future releases for ongoing updates on this ever-evolving legal terrain.

Class actions have solidified their position in the English legal framework, with no signs of their influence waning in 2026. Ten years after the establishment of the UK’s designated collective proceedings regime for competition law claims, the landscape is witnessing a surge in settlements and substantial judgments. Despite the apparent ease of certification, the Competition Appeal Tribunal (CAT) adopted a more discerning stance in 2025. Several claims were denied certification for various reasons, including concerns over representative independence, statutory constraints on environmental competition claims, issues with class definition and methodology, and challenges with limitations. Following the endorsement of the CAT’s stance on opting out of the FX judgment by the Supreme Court, the battle between opt-in and opt-out certification is likely to intensify, prompting the CAT to perform early assessments of merit.

Despite the ongoing certification of opt-out claims by the CAT, a proactive stance is being taken, as evidenced by the Shotbolt case. Settlement outcomes, however, have been met with mixed results. The Merricks settlement, for instance, amounted to a mere £200 million compared to the original £14 billion claim value, reflecting a significant disparity. Furthermore, the Boundary Fares settlement witnessed a claim of less than 1% by class members during the initial £25 million distribution. While some substantive judgments like Le Patourel and Boundary Fares were dismissed, a significant win for claimants was noted in the Kent judgment, holding Apple accountable for abuse of dominance. The forthcoming rulings are expected to influence the trajectory of the regime. The UK government is contemplating reforms to the collective proceedings regime to address concerns regarding access to justice and business burdens, highlighting an emphasis on enhancing efficiency rather than expanding into new sectors.

The upward trend in securities litigation continues unabated. Decisions of the English High Court in cases involving Barclays and Standard Chartered showcased differing conclusions on whether passive investors could pursue claims for misleading statements without considering the information. The Ivanishvili ruling by the Privy Council is likely to embolden passive investors and their supporters, while the Wirral v Indivior ruling in 2025 closed the door on investors attempting to utilize “representative claimant” procedures. The abolition of the shareholder rule further empowers companies to assert privilege against shareholders, limiting claimants’ early access to disclosures in securities litigation.

ESG-related class actions, particularly those involving mass tort claims related to environmental harm or labor issues, remain a focal point in English courts. Jurisdiction challenges have highlighted the courts’ willingness to oversee disputes with significant cross-border implications, especially when UK-domiciled companies are involved. Climate-related claims are on the rise, as evidenced by a recent action against Shell for exacerbating the impact of Typhoon Odette in the Philippines. The evolving landscape of climate litigation in England and Wales may draw inspiration from international judgments like Verein KlimaSeniorinnen and Luciano Lliuya. The heightened regulatory scrutiny on greenwashing under the DMCCA could also spur investor and consumer claims.

In conclusion, Slaughter and May’s Disputes Briefcase encapsulates the ongoing transformations in litigation and arbitration, providing a valuable resource for legal professionals navigating the intricate realm of disputes.