Services for class representatives.
“The PCR … must demonstrate that it has a clear view of the interests of the class and can engage robustly and independently with advice received.”
“…A decision of this strategic importance is precisely the sort of area in respect of which the input of an experienced advisory committee might have been helpful and it would have been preferable if its input had been sought.”
— Rowntree v Performing Right Society [2025] CAT 49, para 116
The role of a class representative involves making complex and consequential decisions on behalf of absent class members. Those decisions include whether to enter into a litigation funding agreement, whether its commercial terms are appropriate and competitive, and how the arrangement allocates risk, control and the proceeds of any recovery.
In Riefa, the Competition Appeal Tribunal refused to authorise the proposed class representative after concluding that she had not demonstrated a sufficient understanding of the funding arrangements or an ability to protect the interests of the class robustly and independently. The Tribunal made clear that, while a class representative is entitled to rely substantially on its solicitors, it must understand the effect of the funding terms and be capable of engaging independently with the advice it receives, including where the interests of advisers, funders and class members may not be fully aligned.
Independent commercial advice can help a proposed class representative demonstrate that the funding arrangements have been subjected to informed and rigorous scrutiny before they are accepted.
In Rowntree v PRS, the Competition Appeal Tribunal (CAT) made clear that while it is not mandatory for a proposed class representative to have access to an independent advisory committee, the ability to consult with such a committee may strengthen an application for a Collective Proceedings Order. The Tribunal went further, suggesting that for major strategic decisions — such as changing solicitors — input from such a body would be preferable.
While these points arose in the CAT context, the underlying guidance is of a more general nature. Whether in proceedings before the CAT or otherwise, class representatives are asked to make unusually high-stakes decisions about funding, risk allocation, governance and economics — often for the first time, often under time pressure, and often in circumstances where those decisions may later be scrutinised by courts, funders, group members or regulators.
These are not just legal or commercial decisions. They are important governance decisions made on behalf of absent class members, with real downside risk if they are poorly structured, poorly documented or poorly explained.
Eralis Partners is structurally independent of litigation funders and does not represent any particular capital provider. When advising a class representative, Eralis Partners acts solely for the class representative, with its role and remuneration structured to support the class representative’s independent decision-making. My role is to act as an independent adviser, helping class representatives think through their options, stress-test proposals, and arrive at a funding solution that is robust, defensible, and aligned with the interests of the class.
In practice, I help class representatives evaluate and make decisions about:
Whether litigation funding is appropriate at all, and if so, on what broad terms;
How different funding structures affect risk allocation, incentives, control and outcomes;
How to compare and evaluate competing funding proposals in a meaningful way;
What governance, information rights and decision-making frameworks should sit around the funding arrangement; and
How to ensure that the overall structure is proportionate, defensible and capable of withstanding later scrutiny.
I can also run a structured process to approach the market, create competitive tension between funders, and help the class representative navigate the process from initial assessment through to final selection and documentation.
Where specialist input is required — for example on economics, damages, enforcement, or investigation — I can also draw on my wider network and help the class representative assemble the right advisory team around the case.
Throughout, the focus is not simply on “getting funding”, but on helping the class representative make a good, well-governed decision that they can stand behind with confidence. I no longer practise as a solicitor (or advocate) and I do not provide legal advice to class representatives. This ensures there is no conflict between Eralis Partners’ role and that of the instructed legal team.
