Apple Inc and others (Appellants) v Gutmann (Respondent)

Case summary

Case ID

UKSC/2025/0103

Parties

Appellant(s)

(1) Apple Inc., (2) Apple Distribution International Limited, and (3) Apple Retail UK Limited

Respondent(s)

Justin Gutmann

Issue

Does the Competition Appeal Tribunal have the power to make an order in collective proceedings that a litigation funder’s fee or return shall be paid out of the award of damages before it is distributed to members of the class?

Facts

The appellants (“Apple”) are the defendants in collective proceedings brought by the respondent, Mr Gutmann, the class representative. Mr Gutmann entered into a litigation funding agreement (“LFA”) with a litigation funder. The terms of the LFA provide for the payment of an additional fee to the funder from any award of damages before those damages are distributed to members of the class. The CAT concluded that it was permissible for an LFA to contemplate such payment to the funder from an award of damages The Court of Appeal upheld that conclusion and that it was permissible for payment to be made to the funder in priority to the members of the class. Apple now appeals to the Supreme Court.

Date of issue

23 June 2025

Case origin

PTA

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