LFJ Podcast: Jonathan Stroud, General Counsel, Unified Patents

A landmark collective action against Google has cleared a key legal hurdle in the UK, with the Competition Appeal Tribunal (CAT) certifying a £1.04 billion lawsuit brought on behalf of thousands of UK app developers.

The class action, spearheaded by Strathclyde University competition law professor Barry Rodger and backed by litigation funder Bench Walk Advisors, accuses Google of abusing its dominant position by imposing excessive commissions on app sales through its Play Store.

The case filing outlines that the CAT has issued a collective proceedings order, allowing the case to move to trial. The claim targets exorbitant commissions, alleging these charges unfairly burden UK app developers—many of them small- and medium-sized enterprises—by effectively locking them into the Play Store ecosystem through restrictive contractual and technical practices.

The case adds to mounting regulatory and legal scrutiny of Google’s Play Store practices worldwide. The European Commission recently issued preliminary findings under the Digital Markets Act, the UK’s CMA is assessing Google’s “Strategic Market Status,” and U.S. courts have already found the tech giant in breach of antitrust laws. The timing of the CAT’s ruling puts further pressure on Google, particularly as similar legal actions, including a new suit by Korean developers, continue to emerge globally.

A panel convened by S&P Global has flagged litigation funding as a growing concern for casualty insurers, warning that its rapid rise could be fueling systemic inefficiencies and potential abuse in the legal system.

An article in Reuters details the findings from an S&P insurance panel that expressed concern over how the increasing role of third-party litigation funding is contributing to the volume and aggressiveness of legal claims. Panelists noted that while there is “no sign of the apocalypse,” litigation funders’ influence is prompting a cautious stance from casualty insurers, who are facing escalating claim costs, longer litigation cycles, and a rising number of so-called nuclear verdicts.

The panel advocated for comprehensive tort reform, citing litigation funding as a key driver of what they see as a dysfunctional tort system. They warned that without structural legal changes, insurance markets could see greater volatility and pricing pressure. While the exact impact of litigation funding on claims frequency remains contested, S&P analysts are increasingly viewing it as a structural headwind for insurers navigating a tougher underwriting environment.

The remarks come amid broader industry scrutiny of litigation finance’s influence on legal outcomes and market dynamics. With funders enabling claimants to pursue extended or higher-value litigation, insurers argue the funding model skews incentives and inflates settlements. Calls for greater transparency around funding arrangements and closer regulatory oversight are growing louder within insurance circles.

This latest critique adds momentum to the ongoing debate over litigation finance’s long-term impact. As third-party funding becomes more entrenched across jurisdictions, questions remain about how insurers, lawmakers, and courts will respond—and whether litigation finance will continue reshaping the contours of legal risk.