Services for class action representatives.
“…The proposed class representative will need to satisfy the Tribunal that it has given careful consideration to the interests of the class and to the strategic decisions that may arise in the course of the proceedings.”
In Rowntree v PRS, the Competition Appeal Tribunal (CAT) made clear that while it is not (yet) mandatory for a proposed class representative to have access to an independent advisory committee, the ability to consult with such a committee can 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 that guidance arose in the CAT context, the underlying point is a much more general one. 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 also fiduciary and governance decisions, 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 duties and incentives aligned exclusively with them in that matter. Our 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 think through and get comfortable with decisions such as:
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.
