Supreme Court: Gutmann v Apple — positive news for collective actions funding

Supreme Court Order

More good news for litigation funding in the collective actions space. We’re pleased to share that the Supreme Court has brought Apple’s attempted appeal to an end, following the Court of Appeal’s decision that where a litigation funding agreement includes a cap, multiple returns are not caught by the DBA regulations and are therefore not unlawful.

This development, together with Justin Gutmann’s other Court of Appeal victory on the Competition Appeal Tribunal’s power—where appropriate—to permit payment of a Class Representative’s costs, fees and disbursements ahead of the distribution of damages to the class, should provide some much-needed certainty for the funding market.

Thank you to Harcus Parker Limited for working with us to help stop the appeal going ahead. Thank you as well to our counsel team of Nicholas Bacon KC, Daniel Saoul KC and Richard Hoyle, and to Joshua Elsey and the rest of the Charles Lyndon team for your hard work on this.