Private Law Theory

INTRODUCTION
This article considers whether businesses can lawfully deploy class action waivers (CAWs) to mitigate exposure to class action litigation involving breaches of competition law in England and Wales. It concludes that, in certain circumstances, they likely can, though the area is ripe for dispute and gives rise to a number of intellectually complex and engaging questions. Given the number of cases addressing this issue in other common law jurisdictions with lively class action regimes (such as Australia and Canada), it seems likely only to be a matter of time before the point falls properly to be tested in England …

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Ben Bolderson and Leo Kitchen, ‘Class action waivers: contracting out of class action litigation in England and Wales’ (2026) 142 Law Quarterly Review 664-688.