Colin Hutton

Under the opt-out proposals, currently under consultation by the Scottish government, affected individuals would be automatically included in a class action lawsuit or settlement unless they specifically withdraw. Countries that have introduced these mechanisms, including United States, Australia, and Canada, have faced a surge in class actions, creating significant risks for both businesses and public sectors organisations.

At the half day conference, CMS, along with representatives from CBI Scotland, the Fraser of Allander Institute, and the David Hume Institute, will set out the new opt-out class actions proposals in detail.

A range of guest speakers will explore the legal, commercial and business implications of the introduction of opt-out legislation in Scotland and explore its potential economic consequences. Taking place at CMS’s Edinburgh office on 11 June, the event will also feature debates and discussions on key issues of access to justice, deterrence and litigation risk.

With a keynote address by Charandeep Singh BEM, chief executive of Scottish Chambers of Commerce, speakers also include Sebastian Burnside, chief economist at Natwest Group; David Greene, senior partner, commercial disputes & class actions at Edwin Coe LLP; Seema Kennedy OBE, executive director of Fair Civil Justice; and Mags Simpson, senior associate director at CBI Scotland.

Along with legal experts from CMS’s disputes resolution team, the conference will also feature contributions from Professor Mairi Spowage, director of the Fraser of Allander Institute; Michael Stewart, head of litigation at NHS Scotland; and Douglas White, director of policy and advocacy at Consumer Scotland.

Colin Hutton, a partner and disputes specialist at CMS, said: “If implemented, opt-out class action lawsuits would mark the most significant shift in Scottish litigation risk in decades, with potential implications across the UK and Europe.

“Our event, will focus on the legal, commercial and business implications of opt-out class actions and explore the potential economic impact of this legislation on Scotland’s business community and public sector organisations.

“With limited time to influence the Scottish government’s consultation process, I would urge business leaders, policy advisers and senior in-house lawyers to attend what promises to be a very in-depth and informative conference examining the core issues around the introduction of opt-out legislation.”

More information and registration details for the conference can be found here.