Consumers' Association (Which?) v Apple Inc & Ors (CAT, 3 June 2026)

£2.5 million for 4 witness statements…

That was Apple's budgeted costs for witness evidence alone, as set out in its high-level costs budget filed in the collective proceedings brought against it by Which? before the Competition Appeal Tribunal. 

I guess those Apple Genius Bar appointments don't come cheap after all…

The Case

In Consumers' Association (Which?) v Apple Inc & Ors (CAT, 3 June 2026), the Tribunal had plenty to say about both parties' costs describing them simply as "extraordinary." By way of brief:-

- Apple's total estimated costs of £40–50 million were the more eye-watering figure, but Which?'s own budget of £26 million did not escape scrutiny either. 

- The Tribunal was clear that Which?'s budget was "not simply very modest by comparison" by singling out its expert evidence costs of £2.5 million for three experts and contingency figures of £4–5 million as figures that required explanation.

- This of course was not the first time costs in CAT collective proceedings have drawn judicial concern. In Rowntree v Performing Right Society [2026] CAT 25, the Tribunal had already flagged costs as a "major concern", describing the sums involved as "staggering." It was a similar story in Spottiswoode v Airwave (Case 1698/7/7/24).

Tribunal's Ruling

- The Tribunal directed both parties to file high-level costs budgets in Precedent Z format. Having reviewed them and expressed serious concern about the figures, it directed both parties to submit revised budgets 7 days before the CMC in November. 

- The Tribunal was careful to stop short of importing the full High Court costs management regime under CPR r. 3.12–3.18, describing its approach as "more limited at this stage." But the message to the parties was clear.

The CAT is clearly uncomfortable with the level of costs being incurred in collective proceedings and is actively stepping in to scrutinise them, even without a formal rule requiring it to do so. 

Whether formal rule changes follow remains to be seen, but the direction of travel is certainly pointing one way.