Alex Neill Class Representative Ltd v Sony Interactive Entertainment Europe Ltd

Subject Matter

COMPETITION — Competition Appeal Tribunal — Collective proceedings

[2023] CAT 73, CAT

COMPETITION — Competition Appeal Tribunal — Collective proceedings order — Agreements providing for payment of litigation funders calculated as percentage of proceeds recovered by class representatives — Agreements rendered unenforceable as damages-based agreements following Supreme Court decision — Agreements revised to base payment on multiple of funder’s outlay and capped by reference to amount of proceeds recovered — Competition Appeal Tribunal finding each revised agreement enforceable — Defendants contending that revised agreements remaining damages-based and accordingly unenforceable — Whether payments to funders “determined by reference to the amount of the financial benefit obtained” — Whether revised litigation funding agreements unenforceable — Courts and Legal Services Act 1990 (c 41), s 58AA(3)(a)(ii)

[2025] EWCA Civ 841; [2025] Bus LR 2323; [2025] WLR(D) 379, CA

COMPETITION — Collective Proceedings Order — Litigation funding agreement — Funding agreement based on determination of funder’s fee by reference to amount of financial benefit obtained classified as damages-based agreement and only enforceable if certain conditions satisfied — Agreement between class representative and funder providing for funder’s payment to be calculated as multiple of its outlay in proceedings — Payment capped at level of proceeds recovered — Agreement also allowing for percentage-based payment of funders but alternative basis conditional on change in applicable law — Whether damages-based agreement — Courts and Legal Services Act 1990 (c 41), s 58AA(3)(a)

[2025] EWCA Civ 841; [2025] Bus LR 2323; [2025] WLR(D) 379, CA

Appellate History