The Civil Litigation (Expenses and Group Proceedings) Scotland Act 2018 allowed rules of court to be introduced to provide for group proceedings in the Court of Session.

Group proceedings are brought by two or more parties. Rules allowing for group proceedings on an opt-in basis came in to force in 2020. This is where individuals must actively choose to join the action.

The SCJC deferred consideration of the introduction of opt-out procedure, where people are automatically included in the action unless they actively remove themselves, until sufficient experience had been gained from progressing opt-in actions.

It announced in its 2025/26 work programme that it intended to prioritise work on rules for opt-out proceedings and has established a working group to progress this work. 

The working group would like to hear from anyone who has an interest in group proceedings. The call for evidence will open on Friday 24 October 2025 and close on Friday 23 January 2026.

The responses to the call for evidence will inform the SCJC’s consideration of matters required to facilitate a full implementation of Part 4 of the Act, including whether to extend Chapter 26A of the Rules of the Court of Session to cover “opt-out” group proceedings.

The SCJC intends to hold a public consultation before any changes are made to the rules.