Group Procedure Working Group
At the SCJC’s strategy meeting on 31 March 2025 members agreed that the policy topic of Group Procedure would become a priority on the work programme for 2025/26.
Group Procedure Working Group
The remit, including membership of the working group, is here - Remit - Group Procedure Working Group
At the SCJC meeting on 20 October 2025, progress of the working group was reported as follows:
- In relation to its remit to propose amendments to existing opt-in Group Procedure, it has conducted a targeted consultation of those who have had involvement in the existing procedure, which has resulted in many useful comments which the working group is considering.
- In relation to its remit to consider whether to extend Chapter 26A to cover the opt-out option, the working group wishes to gather a wide range of views to assist it in its consideration. It proposes to do so by a call for evidence (SCJC Consultations). The proposed call for evidence will relate primarily to opt-out procedure but will also touch on opt-in.
Call for Evidence
The Scottish Parliament passed the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018 (“the Act”) on 1 May 2018. The Act received Royal Assent on 5 June 2018.
Part 4 of the Act allows rules of court to provide for group proceedings in the Court of Session. Rules may provide for group proceedings to be on an opt-in basis, an opt-out basis, or on either an opt-in or opt-out basis. Rules allowing group proceedings on an opt-in basis came into force on 31 July 2020.
The SCJC deferred consideration of the introduction of opt-out procedure until sufficient experience had been gained from progressing opt-in actions. The SCJC has now prioritised this subject matter in its work programme for 2025/26 and established a working group to make progress.
The SCJC’s Group Procedure Working Group would like to gather views to shape the development of efficient and effective court procedures. We would like to hear from anyone who has an interest in group procedure. 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. Thereafter, before any changes are made to the Rules, the SCJC will hold a public consultation.
It is the SCJC’s intention to publish responses, subject to respondents’ consent. Please include with your response a completed consent form confirming whether you wish your response to be published or not.
Questions
General Questions
1. What are your views on the introduction of opt-out group proceedings in accordance with Part 4 of the Act?
2. Are there areas of litigation which should be exempted from opt-out group proceedings, in your view?
3. Should group procedure (whether opt-in or opt-out) apply to judicial reviews in Scotland?
Questions of procedure
4. How should court procedures for opt-out proceedings differ from those which already apply to opt-in actions?
5. How do you think the certification process for opt-out group proceedings should operate?
6. What procedural steps are required to protect the rights of the group members in opt out group proceedings (many of whom may not know that they are part of group proceedings)?
7. Are there any particular measures that should apply to opt-out group procedure for the protection of defenders or respondents, in your view. (e.g. in relation to the ability of a group representative to meet adverse awards of expenses)
8. Should pre-action protocols be a requirement in group proceedings in Scotland (opt-in or opt-out). If so, should these be voluntary or compulsory, and what should happen if they are not complied with?
Questions about settlement and distribution
9. If the case is resolved by a decision of the court, what role should the court have in approving the distribution of the award?
10. If the case is resolved by a settlement, what role should the court have in approving the settlement amount and its distribution?
11. Do you have any views on how unclaimed damages awards or settlement sums should be distributed?
Questions about funding
12. What do you regard as being the main issues for the funding of group proceedings in Scotland (whether opt-in or opt-out)?
13. How do you think that opt-out group proceedings should be funded and what protection measures should be put in place for group members regarding those funding arrangements, in your view?
14. What are your views on disclosure of funding arrangements and confidentiality around funding documents which are lodged with the court (whether opt-out or opt-in)?
Questions about expenses
15. Do you have any views on whether there should be changes to the Taxation of Judicial Expenses Rules 2019 for group proceedings (opt-in or opt-out)?
General questions
16. Are there any aspects of substantive law which could be a barrier to group proceedings working effectively?
17. Are there any other points which you feel are relevant to:
- The procedures relating to the current opt-in regime; or
- May inform and shape a potential opt-out regime in Scotland?
A Respondent Information Form, including questions, can be found here - Respondent Information Form - Call for Evidence Group Procedure.
This should be submitted to the SCJC secretariat at SCJC@scotcourts.gov.uk by Friday 23 January 2026.
If you need information on this website in a different format like accessible PDF, large print, easy read, or braille please contact the secretariat.
Useful links
Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018 – Part 4
Chapter 26A Rules
Court of Session Practice Note No. 2 of 2020
SCTS Group Procedure cases