In this latest episode in our costs and litigation funding mini-series, 4 New Square Chambers’ Nicholas Bacon KC, George McDonald, and Ben Smiley provide an authoritative analysis of the Competition Appeal Tribunal (CAT) and the key cost-related issues that are arising in CAT proceedings.
This episode will cover:
- The CAT’s approach to litigation funding arrangements, including the scrutiny of funding agreements and the returns available to funders.
- The complexities surrounding the distribution of collective settlements, with a focus on how the CAT manages the allocation of damages and costs, and the potential for judicial intervention to adjust terms proposed by the parties.
- The impact of the ongoing PACCAR reforms on CAT cases, particularly with regard to procedural and cost-related considerations.
- Key procedural issues unique to the CAT, such as the treatment of costs incurred at the certification stage.
This episode offers an informed perspective on how the CAT is handling these issues and what practitioners can expect as more cases proceed to settlement and distribution.