The individual who acted as class representative in the now abandoned rail fares litigation has been ordered to pay £7.65 million in costs - 16 months after his death. The order by the Competition Appeal Tribunal is the latest twist in the five year saga of the £400 million action seeking recompense for losses allegedly suffered by rail passengers travelling on the London to Brighton mainline as a result of pricing and other practices of Govia Thameslink Railway Limited.
The rail company says that it 'acted lawfully and fairly towards our passengers'.
Class representative David Boyle, who had suffered from Parkinson's disease, died in June 2025. An attempt by collective action pioneer Walter Merricks CBE to take over the action foundered over the lack of insurance and in September the collective proceedings order was revoked.
A consent order handed down last week by CAT chair Hodge Malek KC requires the late class representative to pay the defendants £7,650,000 'in full and final settlement of the late class representative’s liability for the defendants’ costs of the proceedings, and the defendants’ liability for the late class representative’s costs of the proceedings.' Payment is due within 28 days of the order.
The order continues: 'The defendants release all liabilities and potential claims against the late class representative, his funder (LCM Funding UK Limited) and his solicitors (MaitlandWalker LLP) for the defendants’ costs arising from the proceedings, such that the late class representative, his funder and his solicitors shall have no liability to the defendants for such costs.'
A separate order requires the late class representative to pay £8,500 to intervener the secretary of state for transport over costs arising from the representative's change of expert.
The parent company of the funder in the case Litigation Capital Management Limited, last month announced it was moving into an 'orderly run-off' after making a series of unsuccessful investments.
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