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Director Mohsin Patel comments on carriage disputes, consumer claims and litigation funding in GCR

Director Mohsin Patel comments on the recent Competition Appeal Tribunal carriage dispute between two proposed class representatives in consumer claims against Amazon, and discusses how this ruling will impact funders, class representatives and consumers alike.

Mohsin’s comments were published in Global Competition Review, 20 January 2025, and can be found here.

“Earlier cases (such as in Merricks v Mastercard [2021] CAT 28) emphasised the importance of protecting the class representative’s independence, particularly in settlement decisions. Funders’ direct control over settlements was considered to be inappropriate and potentially misaligned with class interests.

“The present case reflects an evolution by recognizing that funders can influence the settlement process, provided checks like independent KC review and CAT oversight are in place. This provides funders with comfort that they can have input into the settlement process, ensuring the Class Representative acts reasonably without granting a funder veto rights.”