Collective redress or class actions

Collective redress or class actions are occupying an increasingly prominent place in our legal system and more specifically, in commercial dispute resolution. Collective redress procedures make it possible for several claimants to join forces and bring a combined action against a defendant or group of defendants. Primarily, one may think of violations of consumer rights which have caused widespread losses or damages, but nowadays environmental harm has also become a textbook example of collective redress procedures. 

Although the European legislator definitely has taken initiatives to harmonize collective redress initiatives by providing a general legal framework at the European level, differences in practice and legal procedures per jurisdiction are (still) present and may cause uncertainty for companies. It becomes even more challenging when the collective redress claims are embedded in an international context, which turns out to be very often the case in practice. Collective redress or class action claims can have a detrimental impact on companies’ business operations or reputation and may even lead to financial distress if they are not managed properly and professionally. 

Our team has extensive experience in assisting clients with the prevention, management and resolution of (cross-border) collective redress disputes. We take into account both legal and business interests when dealing with the risks of collective redress procedures. What might be considered as a burden for business when confronted with collective redress initiatives, can be turned into an opportunity by mitigating risks and handling the dispute in a more cost-efficient manner.