Disguised DBAs? CAT considers LFAs post-PACCAR (Alex Neill Class Representative Ltd v Sony)

Table of contents

• What are the practical implications of this case?
• What was the background?
• What did the Tribunal decide?
• Case details

Article summary

Dispute Resolution analysis: This is the first judgment from the Competition Appeal Tribunal (CAT) considering the recent Supreme Court decision in R (PACCAR Inc and others) v Competition Appeal Tribunal and others (‘PACCAR’). A revised litigation funding agreement (‘LFA’) for opt-out proceedings was approved by the CAT, because it was held not to be a damages-based agreement (‘DBA’). Written by Charlotte Wilk, barrister at Gatehouse Chambers.