Truck Cartel – One of the top cases of 2023
14 February 2023
Back in January, The Lawyer magazine revealed its Top 20 cases of 2023, and the RHA truck cartel case was one of them. The list featured several high-profile disputes that will be playing out in court this year. The Lawyer has now revealed their Top 10 appeals of 2023 and the RHA truck cartel case is included in this list also.
We set out the broad details below, but please contact marketing@backhouses.co.uk or steven.meyerhoff@backhouses.co.uk of the dispute resolution team if you would like further details on the case or joining the claim.
Supreme Court
16 February 2023, one day
The Supreme Court will decide whether litigation funding agreements promising a fixed percentage of recoverable damages are lawful, in a landmark appeal closely watched by competition lawyers, litigators and third-party funders across the UK.
The appeal is brought by DAF Trucks, one of the five major European manufacturing groups found to have breached competition law by the European Commission in 2016.
The Dutch manufacturer is now facing collective claims launched by Road Haulage Association and UK Trucks Claim, which seek to recover damages on behalf of purchasers of trucks. The class action was first launched in the Competition Appeal Tribunal (CAT) and is funded by Therium.
The Supreme Court must consider whether the claimants’ litigation funding agreements – which promises a fixed share of damages – amount to damages based agreements (DBAs) and subject to UK regulations.
DAF Trucks unsuccessfully argued at the CAT, the High Court and the Court of Appeal that the collective claim should fail because the funding agreements amount to DBAs, but are not enforceable as they do not comply with legal requirements. If deemed unenforceable by the Supreme Court, the likely consequence is that most, if not all, UK litigation funding agreements currently in existence would be unenforceable.
Legal line-up
For the appellants, DAF Trucks
Fountain Court’s Bankim Thanki KC, Monckton’s Rob Williams KC, David Gregory and Daisy Mackersie, instructed by Travers Smith partner Caroline Edwards
For the respondent, UK Trucks Claim Limited
Matrix’s Rhodri Thompson KC and 39 Essex Chambers’ Judith Ayling KC, instructed by Weightmans partner Mark Surguy
For the respondent, Road Haulage Association
Gatehouse Chambers’ PJ Kirby KC and Exchange Chambers’ David Went, instructed by Backhouse Jones Solicitors director Steven Meyerhoff
For the intervener, Association of Litigation Funders
Wilberforce’s Max Mallin KC, instructed by Pallas’ partner Natasha Harrison
The Manchester Ship Canal Company v United Utilities Water
