Impact of the EU Private Damages Directive on private damages actions in England and Wales

The Directive is an attempt by the EU to harmonise the position across Member States with respect to private damages actions, and thus reduce the scope for forum shopping.

However, as explained in further detail in this briefing, the private damages regime in England and Wales is already ahead of the curve in several respects. Moreover, key aspects proposed by the Consumer Rights Bill, in particular the opt-out collective redress mechanism, are likely to significantly increase the claimant friendly nature of the regime in England and Wales.