A former class representative in an abandoned rail fares collective action has been made subject to a £7.65 million costs settlement, 16 months after his death. The Competition Appeal Tribunal (CAT) approved the agreement, bringing another significant development in a lengthy legal dispute involving Govia Thameslink Railway Limited.
The claim, which began around five years ago, sought approximately £400 million in compensation for losses allegedly experienced by passengers travelling on the London to Brighton railway route. The proceedings concerned the railway company’s pricing arrangements and other business practices. Govia Thameslink has maintained that it acted lawfully and fairly towards its passengers.
David Boyle, who represented the proposed claimant group, had Parkinson’s disease and died in June 2025. Following his death, collective action specialist Walter Merricks CBE attempted to take over the proceedings. However, the proposed change of representative could not proceed because of difficulties securing sufficient funding.
In September 2026, the Competition Appeal Tribunal revoked the collective proceedings order, effectively bringing the collective action to an end.
A consent order issued by CAT chair Hodge Malek KC requires the late representative to pay £7.65 million under an agreement described as a full and final settlement of the parties’ respective costs liabilities. The settlement covers the defendants’ costs of the proceedings and the costs owed to the former class representative. Payment is required within 28 days of the order.
The agreement also provides that the defendants will release any liabilities or potential costs claims against Mr Boyle, the litigation funder LCM Funding UK Limited and his solicitors, MaitlandWalker LLP. As a result, the representative, funder and solicitors will have no further liability to the defendants for costs arising from the proceedings.
In a separate order, the tribunal also directed the late class representative to pay £8,500 to the Secretary of State for Transport. This amount relates to costs incurred by the government department following a change of expert during the litigation.
The outcome comes amid wider difficulties for the litigation funding sector. Litigation Capital Management Limited, the parent company of LCM Funding UK Limited, announced last month that it was moving towards an orderly run-off following a number of unsuccessful investments.
The tribunal’s latest order marks a further development in the collapse of the high-value rail fares claim, which had sought substantial compensation for affected passengers but ultimately failed to proceed to a final determination on its underlying allegations.
