Following a rolled-up hearing comprising a panel of three judges sitting as both the Court of Appeal and the Divisional Court, a judgment earlier this month has provided helpful clarity on two important aspects relating to the collective proceedings regime: (i) the extent to which litigation funding agreements are subject to regulation concerning damages-based agreements (DBAs); and (ii) the manner in which an interim-issue judgment related to an application for a collective proceedings order (CPO) may be challenged. Background In June 2019, the Tribunal considered the funding and insurance arrangements in two proposed opt-out collective claims following on from the European Commission’s Trucks cartel decision: one brought by the Road Haulage Association’s (RHA) and the other brought
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The UK Court of Appeal dismisses a request for appeal as the Tribunal’s funding judgment does not fall within the ambit of section 49(1A) of the Competition Act (Trucks Cartel)
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