Class Representative Moves to Withdraw UK Instrument-Maker Claims After Funding Falls Through
A proposed UK collective action against major musical instrument manufacturers is collapsing for want of litigation funding — a concrete illustration of the financing squeeze facing claims in the Competition Appeal Tribunal.
As reported by Law360, consumer rights advocate Elisabetta Sciallis applied on Wednesday to withdraw her proposed class action against Fender, Yamaha, and other musical instrument manufacturers, saying she had been unable to secure litigation funding despite years of effort.
Sciallis, a principal policy adviser at consumer group Which?, filed a series of proposed opt-out collective actions in 2022 on behalf of consumers who purchased musical instruments, following on from Competition and Markets Authority decisions fining several manufacturers for resale price maintenance. The claims had been stalled at the certification stage for years, and the tribunal had grown increasingly impatient: a March 2026 case management order listed a preliminary hearing for after June 5 specifically to determine the adequacy of the proposed class representative's funding and insurance arrangements.
The withdrawal underscores a broader theme in the UK collective actions regime. With the CAT tightening its scrutiny of certification and funder returns — and with the Innsworth-Mastercard distribution fight casting doubt on the economics of opt-out claims — funders have become increasingly selective about which collective proceedings they will back. For proposed class representatives unable to assemble a viable funding package, even claims that follow on from regulatory infringement findings may prove impossible to sustain.
