Collective settlement supports access to justice

16/09/25

Gutmann v. Stagecoach South Western Trains Ltd.

SSWT settled the “boundary fares” collective proceedings brought against them, making available a pot of funds for distribution to class members. That settlement was approved by the Tribunal in May 2024: see news item here.

Less than 1% of the potentially available funds – approximately £200,000 – was ultimately claimed by class members.

The Access to Justice Foundation was given permission to intervene in a hearing to determine entitlements of the class representative (Mr Gutmann) to legal and funding fees which he had incurred in the case.

Agreement was reached between the Access to Justice Foundation, the class representative, his lawyers, funders and insurers that approximately £3.8 million of the sum that would otherwise have been paid in costs and fees will instead be paid to the Access to Justice Foundation. SSWT indicated that it was content for the funds to be applied for this purpose and the agreement was endorsed by the Competition Appeal Tribunal at a hearing on 10 and 11 September 2025.

The Competition Appeal Tribunal also granted an order discontinuing the proceedings against SSWT after the settlement has been carried into effect. The hearing therefore marked the final terminus for one of the UK’s first collective competition claims, commenced in early 2019.