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.
We are delighted to announce that Will Rowlands has been promoted to Finance Manager. This well‑deserved achievement reflects Will’s continued dedication and contribution to Balance over the past several years.
The Balance Australia team are also excited to welcome Will on secondment to our Sydney office.
We are pleased to announce that Robert Rothkopf has been appointed as a Director of the International Legal Finance Association (ILFA).
ILFA plays a pivotal role in shaping the future of legal finance globally and promoting best practices across jurisdictions. Robert will bring Balance’s experience and voice to ILFA’s mission, ensuring that the benefits of litigation finance are properly understood.
This board role adds to Balance’s leading contribution and involvement with the ILFA in the UK with Oliver Hayes in London, and in Australia with Simon Burnett in Sydney.
Topics covered ASIC and the private credit markets including the recent collapse of First Guardian, Shield and Australian Fiduciaries; what to expect from changes to Australia’s climate disclosure regime; and a discussion unpacking the Australian class action market, including insights on how funders raise and deploy capital and emerging trends in class actions.
The session brought together leading voices in the industry Sarah Johnson from The D.E. Shaw Group, Robert Marven KC, Susan Dunn from Harbour, and Nicholas Marler from Litica, expertly moderated by Elena Rey from Brown Rudnick LLP.
Two wonderful celebrations of Balance’s 10-year anniversary, one in Sydney at the Museum of Contemporary Art and another in London at the Tate Modern.
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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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