The UK Court of Appeal confirms that collective proceedings’ funding arrangements are not damages-based agreements (DAF)

On 5 March 2021, the Court of Appeal upheld a decision of the Competition Appeal Tribunal ("CAT") that the funding arrangements in place in two collective proceedings arising from the Trucks cartel are not damages-based agreements ("DBAs"). What you need to know - key takeaways The decision confirms that litigation funders who only provide funding to claimants are not providing "claims management services" and such arrangements do not constitute DBAs. Applicants proposing to bring collective proceedings are able to amend their funding arrangements following a hearing in order address any concerns the CAT has in respect of those arrangements. The Court of Appeal has confirmed that interim decisions made by the CAT can be appealed by way of judicial review. This is in contrast to CAT

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Authors

  • Ashurst (London)
  • Ashurst (London)

Quotation

Euan Burrows, Max Strasberg, The UK Court of Appeal confirms that collective proceedings’ funding arrangements are not damages-based agreements (DAF), 5 March 2021, e-Competitions April 2021 - II, Art. N° 100017

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