Court of Appeal Hears Appeal on Validity of Post-PACCAR Funding Arrangements

Harcus Parker, working in coalition with Hausfeld, Milberg, and Charles Lyndon, acted for the Respondents in a key Court of Appeal hearing concerning the validity of post-PACCAR litigation funding arrangements.

Each of the firms represents class representatives in collective proceedings currently before the Competition Appeal Tribunal (CICC, Kent, Neill and Gutmann). At first instance, the Tribunal confirmed the lawfulness of the funding arrangements in each of the cases. The defendants appealed those decisions.

The appeal was heard by the Court of Appeal on 10 and 11 June 2025. Judgment has been reserved.

Harcus Parker acts for the class representatives and Respondents in the CICC proceedings, which relate to the alleged incompatibility with competition law of Mastercard and Visa’s imposition of multilateral interchange fees on commercial card transactions.

The team at Harcus Parker was led by Partners Tom Ross and Jeremy Robinson, alongside Senior Associate James Cockburn, who played a central role in coordinating the firm’s work on the appeal.

Tom Ross said:
“This appeal raises important questions about the future of funding in collective proceedings following the Supreme Court’s PACCAR decision. We are pleased to have worked collaboratively with leading firms across the sector to defend funding arrangements that support access to justice. The Court of Appeal’s forthcoming judgment will be highly significant for the development of collective redress in the UK.”

Nicholas Bacon K.C. and Daniel Saoul K.C. of 4 New Square, together with Rick Hoyle of Essex Court Chambers, appeared for the Respondents.