News & Analysis as of

Competition UK Supreme Court

Cooley LLP

Civil Justice Council Proposes Significant Changes to UK Class Action Funding Regime

Cooley LLP on

On 2 June 2025, the Civil Justice Council, a statutory body charged with advising on reform of the civil justice system in England and Wales, published its final report to the UK government on third-party litigation funding...more

A&O Shearman

Civil Justice Council calls for overhaul of English litigation funding and lawyer fees arrangements

A&O Shearman on

On June 2, 2025, the Civil Justice Council (“Council”)—a public body that reviews and makes recommendations to the UK Government about the English civil justice system—published its much-anticipated report on litigation...more

Cooley LLP

Litigation Funding Agreements: Developments Since PACCAR

Cooley LLP on

Litigation funding agreements have been very much in the spotlight since the decision in R (on the application of PACCAR Inc and others) v. Competition Appeal Tribunal and others, in which the Supreme Court of the United...more

A&O Shearman

UK Supreme Court Rules that Litigation Funding Agreements are ‘Damages-Based Agreements’

A&O Shearman on

In a decision of major importance for litigation in the UK, the UK Supreme Court has held that litigation funding agreements (“LFAs”) under which a litigation funder receives a percentage of any damages recovered by the...more

Hogan Lovells

UK Class Action certification

Hogan Lovells on

In the UK, since 2015, there has been a statutory class action regime allowing full opt-out or opt-in class actions for claim for breach of competition law. Competition claims require approval (or certification) before...more

Skadden, Arps, Slate, Meagher & Flom LLP

UK Class Actions Update: Merricks Secures Uncontested CPO, But the Competition Appeal Tribunal Shows It Retains Significant Teeth...

After protracted challenges to class certification status, in Merricks v Mastercard the U.K. Competition Appeal Tribunal (CAT) granted its first collective proceedings order (CPO). The claim remains huge, comprising 46.2...more

White & Case LLP

Merricks v Mastercard: will US-style class actions become the norm?

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In a landmark judgment (and in unusual circumstances), the UK Supreme Court has held that the ongoing Merricks v Mastercard case should be referred back to the Competition Appeal Tribunal (CAT). Not only is this a step...more

Mintz - Intellectual Property Viewpoints

The Art of An SEP War: A Chinese IP Court’s Recent Use of Anti-Suit Injunction Invites A Battle that It Likely Won’t Win

The recent anti-suit injunction issued against InterDigital in its SEP litigation with Xiaomi is a somewhat predictable reaction to the recent UK Supreme Court decision against Huawei and ZTE. One of the central arguments...more

Hogan Lovells

Restrictive covenants – more likely to be enforceable, but don’t forget competition law

Hogan Lovells on

A recent Supreme Court judgment has clarified one of the routes to challenging covenants limiting land use. It has adopted a new approach to assessing the old question of what is a “restraint of trade”? The judgment did not...more

A&O Shearman

Blow to applicants in UK class actions as MasterCard wins right to appeal

A&O Shearman on

The UK class action regime must take a break whilst the Supreme Court (UKSC) hears the appeal in Merricks v MasterCard concerning the proper approach to certification of a class action....more

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