The Tribunal granted permission for Woodsford (the CR's funder), the ATE Insurers, and the Access to Justice Foundation (ATJF) to intervene in the CSAO Application. Each proposed intervener demonstrated a sufficient interest in the outcome of the settlement approval process and the Tribunal was satisfied that their participation would assist the Tribunal in its determination.
Woodsford was found to have a direct financial interest in the settlement’s cost provisions, including the proposed CFD Sum, and to be well placed to assist on the reasonableness of the funder‑related elements of the CSAO.
The ATE Insurers were found to have a material interest arising from their exposure under the CR’s insurance arrangements and were considered capable of providing relevant insight into the structure and operation of those arrangements.
The ATJF, as the statutory recipient of undistributed damages in opt‑out collective proceedings, had a clear interest in the Tribunal’s consideration of any potential cy‑près distribution and can assist the Tribunal on the suitability of such arrangements.
Permission was therefore granted, subject to the directions regarding evidence, submissions and participation at the CSAO Hearing.
