The Supreme Court has refused Visa and Mastercard permission to appeal in Visa v CICC and Apple v Gutmann

This brings an end to a two-year legal battle over the enforceability of litigation funding agreements in collective proceedings.

This ruling affirms that the revised funding structures adopted after PACCAR are valid and compliant, removing the final layer of uncertainty that has affected many competition and consumer claims before the CAT.

It is a clear signal that defendants can no longer use funding challenges as a tactic to delay or derail proceedings. ⚖️📝

Instead, the focus can now return to the substantive issues, securing redress for those affected by anti-competitive conduct.

The decision provides much-needed certainty for claimants, funders, and law firms alike, strengthening confidence in the UK’s collective actions regime and reaffirming access to justice for large-scale claims.

An important and positive development for the wider litigation community.

Excellent summary from James Cockburn on this milestone ruling.👏

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Ben Yerkess
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