There is a growing trend towards the use of third-party litigation funding (TPLF) in collective proceedings in the UK and globally. The disclosure of TPLF arrangements has recently come under close scrutiny by the Competition Appeal Tribunal (CAT) in the context of applications for Collective Proceedings Orders (CPO) brought against various large and prominent tech companies concerning claims of abuse of dominance.

In Kent v Apple Inc and another (Kent) and Elizabeth Coll v Alphabet Inc and Others (Coll), the CAT refused to order the disclosure of the Proposed Claimant Representatives’ (PCR) After the Event Insurance (ATE) premiums and aspects of the fee agreements on the basis that such disclosure risked giving unfair tactical advantage to the Proposed Defendants.

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