UK Competition Class Actions Face Tightening Scrutiny of Funders and Costs
The legal and economic foundations of opt-out competition claims in the United Kingdom are being tested with increasing rigour, as the Competition Appeal Tribunal and the appellate courts sharpen their examination of whether proceedings are proportionate, workable and genuinely beneficial to class members rather than to their advisers and funders.
As reported by Pinsent Masons, a series of recent decisions has established a markedly more demanding posture at the certification stage and beyond. In Mowi, the Tribunal declined to grant a collective proceedings order after concluding that the costs and benefits of the proposed proceedings did not support certification, expressing concern that any recovery might principally benefit legal advisers and funders rather than the represented class.
Other rulings have pressed on funder economics directly. The Tribunal approved a "drop hands" settlement in the Qualcomm proceedings — delivering no damages to an estimated 29 million consumers — only after close scrutiny and a finding that the claim had minimal prospects of success. In Innsworth, the High Court upheld limits on funder returns, confirming that a funder's profit must be assessed against the outcome actually delivered to the class and must represent a just and reasonable return.
Governance failures have also drawn consequences, with one case producing cost sanctions described as "unreasonable to a high degree" where funders withdrew without disclosure. Courts have separately warned that class representatives self-authorising fees at scale is undesirable and risks blurring the distinction between representative and funder interests.
The developments land alongside a government consultation on streamlining opt-out collective actions, open from 17 July to 25 September 2026, which is considering whether certification thresholds should place greater weight on proportionality and cost-benefit analysis.








