Balance Legal Capital is financing collective proceedings on behalf of iPhone users in the UK’s Competition Appeal Tribunal against Apple Inc. and its subsidiaries. The claim says Apple breached UK competition law through its exploitative and abusive behaviour in relation to the supply of iPhones and iOS updates.
It is alleged that in 2017, Apple made a secret decision to slow down the performance of older iPhones using a software battery management system to prevent the phones from shutting down without warning. The claim says Apple sought to disguise the overloaded batteries in 10 different models from iPhone 6 through to iPhone X to avoid costly product recall and repair. Expert analysis shows devices slowed by up to 58% after installation of the software update, meaning, in some cases, affected iPhones were as slow as models up to two generations older. iPhone owners that may be affected can register their interest here.
Balance Legal Capital is proud to support this case which demonstrates the role litigation funding can play in holding large corporates to account for conduct which harms consumers. Mr Justin Gutmann is the class representative and acts on behalf of all members of the proposed class in the proceeding. Mr Gutmann has instructed Charles Lyndon as solicitors. Anneli Howard QC leads the counsel team.
Please see coverage of the collective proceeding by The Guardian and the BBC.
Patrick Crisp from our Sydney office has moderated Episode 11 of the Association of Litigation Funders of Australia (AALF) Webinar Series. This episode, titled The Global Market for ATE Insurance in 2024, brings together industry leaders to discuss the evolving trends and challenges in After-the-Event (ATE) insurance.
Robert Rothkopf provided a funder’s view on group and class action proceedings in the UK for the Houthoff Class Action Survey 2024. The survey offers perspectives on class action trends in 12 jurisdictions.
Robert’s predictions for the future of class actions in the UK included the expansion of claim types that will be permitted under the opt-out jurisdiction, and confirmation of the court’s jurisdiction to order defendants to pay litigation funding costs on top of damages where defendant wrongdoing and/or litigation conduct is egregious, instead of claimant’s meeting funding costs from compensation.
Thanks to Houthoff for their initiative in leading this important research.
Balance is proud to share that we are supporting the Justice and Equity Centre (formerly the Public Interest Advocacy Centre) in its pursuit of strategic social justice litigation.
Balance is proud to support Velitor Law in their pursuit of landlords and insurance brokers for secret commissions.
Balance is proud to have been ranked again in the Chambers and Partners 2024 Litigation Support Guide in both the UK and Australia.
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Balance is a member of the Association of Litigation Funders of England & Wales. Our membership of the ALF requires us to satisfy on an ongoing basis stringent financial and capital adequacy tests and to comply with the ALF Code of Conduct.
Balance is a founding member of the Association of Litigation Funders of Australia, and a member of ILFA, the International Legal Finance Association.
Balance Legal Capital LLP is authorised and regulated by the UK’s Financial Conduct Authority.
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