(1) Alex Neill Class Representative Ltd (claimant/respondents) v Sony Interactive Entertainment Europe Ltd & anr (defendants/appellants) (2) Apple Inc. & Apple Distribution International Ltd (defendants/appellants) v Kent (class representative/respondent) (3) Visa Inc & ors (defendants/appellants) v Commercial & Interregional Card Claims II Ltd (applicant/respondent) (4) Commercial & Interregional Card Claims I Ltd (applicant/respondent) v Visa Inc & ors (defendants/appellants) (5) Commercial & Interregional Card Claims I Ltd (applicant/respondent) v Mastercard & ors (defendants/appellants) (6) Commercial & Interregional Card Claims II Ltd (applicant/respondent) v Mastercard & ors (defendants/appellants) (7) Gutmann (respondent) v Apple Inc & ors (appellants)
Tuesday 10 – Wednesday 11 June 2025
These are seven linked appeals from the Competition Appeal Tribunal, the issue is whether funding arrangements were unenforceable, damages-based agreements, under s.58AA of the Courts and Legal Services Act 1990.
The cases all raise issues stemming from the decision in R (PACCAR Inc and others) v Competition Appeal Tribunal and others [2023] UKSC 28 in which it was held that litigation funding agreements pursuant to which the payment to the funder is calculated as a percentage of the damages award are unenforceable insofar as they relate to opt out collective proceedings.
View hearing:
Day 1
Day 2