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Case Report JEREMY MARSHALL Case Report JEREMY MARSHALL

R (on the application of PACCAR Inc and others) v Competition Appeal Tribunal and others

The reaction to the Supreme Court’s decision in Paccar  has been swift and diverse. Is it doomsday or is it just a judgment to file away to read on a rainy day? The suggestion that the decision has taken the industry by surprise does not chime with the reality that funders are sophisticated folk who are in the business of predicting outcomes. Anyone who attended the hearing in February will have appreciated the significant risk of an unhelpful decision.

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Case Report JEREMY MARSHALL Case Report JEREMY MARSHALL

Pollack v Alphabet Inc et al [2023] CAT 34

One of the more challenging aspects of competition cases is that they are expensive to litigate. From a funder’s perspective, there are particular risks when two potential cases are vying to be the sole opt-out proceeding. If you back the wrong horse, you could be looking at considerable costs that will be irrecoverable.

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BT Group Plc v Patourel [2022] EWCA Civ 593

This was an appeal against a Collective Proceedigs Order (CPO), granted by the CAT, and provided the Court of Appeal with the opportunity to outline the law as it pertained to “opt in” or “opt out” claims and the role, if any, that litigation funding played in the exercise of the Court’s discretion.

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Merricks v Mastercard Incorporated & Ors [2017] CAT 16

Litigation funders have undeniably fuelled the rise in competition litigation. The first case to reach the certification hearing was the Merricks case which was a collective action against Mastercard. It has almost single-handedly chartered the course for claims in the Competition Appeal Tribunal.

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