CAT Collective Proceedings - Summer 2025 update

Developments in the UK’s competition collective proceedings regime continue apace with new claims recently issued in the Competition Appeal Tribunal (CAT).

Since our last update in the Summer of 2024, there have been a significant number of important developments in the UK’s competition collective proceedings regime before the Competition Appeal Tribunal (CAT).

A number of key trends and themes run through this update.

First, the appetite to issue new claims continues to be strong, showing that the Supreme Court’s decision in PACCAR in 2023 has ultimately not deterred litigation funders from funding new claims.

Second, questions about third party funding for collective proceedings remain, with the Civil Justice Council (CJC) consultation on litigation funding in the UK ongoing, and a further appeal to be heard by the Court of Appeal in Summer 2025 on whether funding agreements which are now based on multiples of funding are lawful following from PACCAR.

Third, while the CAT continues to impose a relatively low bar to certification, this year has seen the first two decisions rejecting certification without the CAT providing an opportunity to “reformulate” the claims in question. We do not consider this part of a wider trend to tighten the certification process, but rather simply the natural exercise of the CAT’s scrutiny of prospective collective proceedings.

Fourth, the UK’s collective action regime continues to mature, with the first trial judgment handed down, a number of further trials concluded, and further settlements approved. The distribution of damages and settlement sums remains a developing area with some initial guidance recently handed down in Merricks.

In this short update, we comment on these trends, identify other recent key developments, and highlight some events to look out for in the coming months.

Access the full update below.