The Law Commission of England and Wales has launched a new project to consider the potential introduction of a consumer class actions regime. Announced on 20th April 2026, the project is sponsored by the Department for Business and Trade. This follows a request by the Government to the Law Commission to assess whether the way consumer laws are enforced could be strengthened through the introduction of such a regime.
Why This Matters
According to the Law Commission, the effective enforcement of consumer laws ‘can address persistent consumer harms and deter infringements, thereby reducing unfair business practices and promoting fair competition.’ The Law Commission’s project will consider whether a dedicated class actions regime could address those difficulties, alongside other mechanisms that are already available, including public enforcement action and alternative dispute resolution.
What The Project Will Examine
The project will specifically look at the potential benefits and risks of introducing a consumer class actions regime. It will also consider how any such regime should be designed, were one to be introduced. The Law Commission has identified two specific objectives that any regime would need to meet:
- Improving consumers’ access to redress, both by securing redress in court and by ensuring that damages are distributed to the affected class, and
- Promoting the efficient conduct of litigation at proportionate cost.
The project will not assess the introduction of a class actions regime in isolation. The Law Commission will look at other available mechanisms, including public enforcement action and alternative dispute resolution, when weighing the benefits and risks of a new regime.
According to the project’s terms of reference, the Law Commission will consider:
- What should constitute a “consumer law claim” for the purposes of any class action regime
- Whether the regime should allow for “opt-in” as well as “opt-out” claims
- The criteria and process for commencing a class action, including how a “class” should be defined
- Management of class action proceedings, and
- Damages, costs and settlement, including the funding of claims, taking into account any reforms to litigation funding as a consequence of the Civil Justice Council’s review.
Regarding the project, Professor Solène Rowan, Commissioner for Commercial and Common Law, stated:
“The Law Commission welcomes the opportunity to bring its expertise in evidence-based law reform to consumer class actions. The project will examine the benefits and risks of introducing a consumer class actions regime and make recommendations as to how such a regime might operate.”
Timeline And How To Get Involved
The Law Commission expects work to start on the project during autumn 2026. Once underway, the Commission will meet with stakeholders to understand their experiences and perspectives. Those discussions will help formulate proposals for reform, which will then be published in a consultation paper setting out provisional proposals.
Before that stage is reached, the Law Commission is inviting anyone with an interest to respond to the Initial Scoping Questionnaire by 30th October 2026. Responses should be sent to consumerclassactions@lawcommission.gov.uk. The Commission has said it is keen to hear a wide range of views and that further engagement with a broad range of individuals and organisations will take place once work is underway.
Final Words
This project is at an early stage, and no proposals for reform have yet been made. What the Law Commission has confirmed is that the Government wants to know whether consumer law enforcement could be strengthened, and that this project is the mechanism for finding out. The scope is genuinely open: the Law Commission will consider both whether a regime should be introduced and, if so, how it should work.
Solicitors advising businesses or consumer-facing clients should watch how the project develops. The scoping questionnaire deadline of 30th October 2026 is the first opportunity for the profession and those it advises to put their views on record.
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