Finding, and funding, a viable representative action remains an elusive quest. Although there is only one fundamental requirement (that the representor and all the representees must all have the “same interest”), it has been a struggle to see a claim get off the ground.

The decision in this case is illustrative of the Court’s approach in relation to innovative attempts to progress collective redress claims. In this case, the attempt was to bring a representative action by a claimant who had the benefit of various assignments of the underlying cause of action.

This case represents one of a number of funder-backed cases that have reached the Supreme Court, in itself a development of concern to funders. A litigation funder never wishes to see a case it funds having to be litigated all the way to the highest Court, but it is often the price to be paid for funding claims that are novel and potentially hugely significant and profitable.