Video
min
Lawyers answer commonly asked questions on class actions
Class Actions
Legal Director
Fiona Chute
Fiona's practice is primarily in commercial dispute resolution and alternative dispute resolution. She has particular experience in managing and resolving complex, high value disputes being litigated in the Commercial Court of the Court of Session, including class actions brought under Scotland's group proceedings rules. As a Legal Technologist accredited by the Law Society of Scotland, she has significant expertise in the field of legal technology which she applies to her everyday practice.
She advises on a variety of commercial disputes, with specialisms in those involving contracts across a variety of sectors and industries, corporate/shareholder disputes, intellectual property and technology disputes, and professional negligence. She acts for a range of corporate and individual clients based in the UK and abroad.
Living Brodies' values
Fiona draws upon relationships with colleagues in teams across the firm, working collaboratively to provide tailored solutions for clients.
Highlights
- Accredited as a Legal Technologist by the Law Society of Scotland
- A member of Brodies' cross-sectoral Life Sciences expertise group
- A regular contributor to our Dispute Resolution and Class Actions blogs
Rankings
- Ranked as 'Leading Associate' in Commercial Litigation by The Legal 500 UK 2026.
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How do group proceedings work?
Group proceedings are heard by the Court of Session, which is the highest civil court in Scotland.
The rules governing them are set out in Chapter 26A of the Rules of the Court of Session.
The first step is for a representative party to be appointed. They will be the face of the claim as the action progresses, and must be authorised by the court before the action commences.
At the same time or after approval of the representative party, permission must be obtained from the court to allow the action to move forward as a group proceeding.
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When will permission be granted for group proceedings in Scotland?
Before the court will grant permission for a group proceeding in Scotland, the court will have to be satisfied that the claim meets the relevant requirements.
The first of these is that there is a prima facie or stateable case. The second requirement is that proceeding as a group will be more efficient than individual claims. Finally, there must be a real prospect of success.
Unless all of the requirements are met, the court will not grant permission.
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What happens after permission has been granted?
After permission has been granted, a group proceeding will continue in a similar way to a standard Court of Session commercial action, beginning with procedural hearings to determine how the case should progress.
If the parties don't settle the claim, the action will proceed to a debate, which is a hearing on legal issues, or a proof, which is a hearing on evidence in order to determine the claim.
Both parties have the right to an appeal.
