header-logo header-logo

22 July 2026
Issue: 8171 / Categories: Legal News , Collective action , Litigation funding , Competition
printer mail-detail

Funding for opt-out claims under consultation

Damages-based agreements (DBAs), also known as contingency fees, could be allowed for opt-out collective actions in the Competition Appeal Tribunal

The government consultation, ‘Swifter and simpler competition redress, regulatory appeals and competition enforcement’, launched last week and due to close on 25 September, aims to make opt-out collective actions faster and easier. It builds on responses to a call for evidence last autumn.

The government noted feedback that the current reliance on litigation funders makes the regime ‘vulnerable’, particularly in light of the PACCAR litigation, which created ambiguity about the enforceability of litigation funding agreements. It stated: ‘An increase in options for funding claims could increase competition and therefore drive down the cost of litigation finance, mitigating the risk of a justice gap and increasing the resilience of the regime.’

Other proposals include costs sanctions for unreasonable behaviour and delivery of the funder’s return at an earlier stage in the proceedings. 

MOVERS & SHAKERS

Withers—Sophie Barrett-Brown

Withers—Sophie Barrett-Brown

Withers drives further growth in its UK immigration team with new partner Sophie Barrett-Brown

Venus Legal—Esther Amoako

Venus Legal—Esther Amoako

Venus Legal invests in next generation of legal talent as specialist litigation practice grows

Fisher Phillips—Catrina Smith

Fisher Phillips—Catrina Smith

Fisher Phillips continues momentum in London with arrival of Catrina Smith

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
back-to-top-scroll