Key TakeawaysRecent developments have made England a more attractive jurisdiction for multi-claimant litigation, including mass tort litigation brought under Group Litigation Orders. U.S. plaintiffs’ lawyers are partnering with English attorneys and actively recruiting plaintiffs to bring claims in the English Courts which mirror US mass torts, raising the risk of more English multi-claimant litigation. Understand How to Scope Potential ExposureFor companies that participate in both the U.S. and English markets, an increase in English multi-claimant litigation increases the scope of existing product liability exposure. Play to Advantages of Combating Mass Tort Litigation in England Versus the United StatesWhile English mass tort litigation may increase, key differences in the English system make English actions somewhat less daunting than a U.S. MDL. It is not clear whether a dramatic rise in case filings would temper the courts’ enthusiasm for multi-claimant actions.
