UK Public Demands Accountability: Rising Awareness of Class Actions and ESG Scrutiny

What is driving the surge in class action awareness in the UK?

Class actions have moved from niche legal proceedings to mainstream public consciousness. The proportion of UK consumers expressing high awareness rose to 27%—a notable three-percentage-point increase since last year, following a five-point jump the year before. This represents a sustained upward trend in public engagement with collective legal action.

Interestingly, this surge in awareness is "more notable" given that new filings with the Competition Appeal Tribunal (CAT) actually declined last year. Researchers attribute this to existing high-profile disputes effectively keeping class actions in the public eye through media coverage and public discourse.

Public confidence in the effectiveness of class actions remains at 52%—significantly above the 43% recorded in 2023, indicating growing trust in collective legal mechanisms as tools for achieving accountability.

Are UK consumers willing to participate in class actions?

The research reveals strong willingness to engage: two-thirds of consumers said they would sign up to a class action if given the opportunity. This represents a significant pool of potential claimants who understand and are prepared to use collective legal action.

Public comfort with 'opt out' class actions is also growing, with the comfortable proportion rising from 43% to 48%. This shift is particularly important for competition law claims and mass consumer cases where opt-out mechanisms can be more effective.

Perhaps most encouragingly, scepticism that class actions "mostly make money for law firms and litigation funders" has dropped from eight out of ten consumers to almost seven out of ten—a positive shift indicating greater understanding of the process's goals and benefits for claimants.

What do consumers expect from litigation funding transparency?

Public knowledge of litigation funding has rapidly expanded, with high awareness doubling from 13% to 25%. Crucially, the public strongly supports proposed reforms that would increase transparency in the funding ecosystem.

Two-thirds of consumers agreed with the Civil Justice Council (CJC) recommendation that class representatives "must tell the court and others if they have a funder, who the funder is and where the money comes from." This reflects a clear public demand for openness about who is financing legal claims.

A majority (58%) also agreed that while there should be no set limit on potential funder returns, the court must ensure these returns are 'fair, just and reasonable.' This balanced view supports both the commercial viability of litigation funding and consumer protection.

How do UK attitudes toward ESG corporate responsibility compare to the US?

Despite the highly publicised "backlash" against ESG in the United States, public attitudes in the UK have remained "remarkably steady year-on-year," with consistently high expectations for corporate conduct on environmental and social issues.

A significant 72% of the UK public believe a company's CEO owes a duty to properly manage climate risks. This places climate responsibility firmly within the expected scope of corporate leadership and governance.

When it comes to taking action, 61% of consumers said they would be likely to join a class action if they were directly impacted by a company's environmental damage. Two-thirds of consumers view the increasing number of companies being sued over greenwashing issues as a positive development.

As the research concludes: "The public holds high expectations for corporate leadership, deep scepticism towards environmental marketing claims, and a consistent appetite for accountability."

What does this mean for businesses and legal professionals?

Simon Pugh, partner at Portland and head of the litigation and disputes practice, summarises the core takeaway: "Our research reveals that there is a clear public demand for transparency and accountability in both litigation funding and corporate behaviour. The message is consistent: the public expect openness and integrity, and they are prepared to act when these expectations are not met."

For businesses, this research signals the need for genuine commitment to ESG principles, transparent environmental claims, and proactive risk management. Greenwashing and misleading marketing are increasingly likely to result in collective legal action.

For legal professionals and litigation funders, the growing public awareness and willingness to participate creates opportunities for well-structured class actions that genuinely serve claimant interests while maintaining transparency about funding arrangements.