The UK Competition Appeal Tribunal has ordered the withdrawal of Which?’s claim on behalf of non-paying iCloud users. Its October 9 order also pauses the remaining proceedings until November 16 while the consumer group seeks replacement funding. [1]
Which part of the claim changed?
The withdrawn claim concerned people who did not pay for iCloud during the claim period. Which? argued that some would have bought storage at a lower, competitive price and had lost the benefit of that purchase. [2]
The separate claim for paying customers alleges that they were overcharged. In its May judgment, the tribunal distinguished those two categories and said the non-paying-user claim represented about 13% of the sums then claimed. That figure describes an earlier damages estimate, not the proportion of users affected. [2]
The case’s existing class framework covers qualifying iOS-device users with UK-region Apple accounts, subject to date, exclusion and participation rules. The October order withdraws the non-paying-user claim without publishing a replacement class definition. [1, 3]
Why funding became decisive
Apple challenged the legal basis of the non-paying-user claim. A tribunal majority refused to strike it out in May, and Apple received permission to appeal in June. [2, 4]
According to the October order, Which? told the Court of Appeal on September 17 that it could not defend the appeal. A September 28 letter said it had not obtained funding from LCM Funding UK Limited for that defense. Which? said it had terminated the funding agreement. [1]
Which? requested a six-week pause to arrange new funding. Apple did not object. The order also records that Which? was seeking new after-the-event litigation insurance. [1]
What happens next
The stay ends on November 16, 2026. The November 27 case-management conference remains listed, subject to a further order, and can address funding, costs and the withdrawal. [1, 4]
The practical effect is a narrower case and a pause in proceedings. Paying customers’ overcharge allegations remain unresolved. The October order makes no finding that Apple’s iCloud pricing breached competition law and awards no compensation. [1]
Sources
[1] October 9 Order (Stay), Competition Appeal Tribunal
[2] May 6 Judgment (Strike-Out), [2026] CAT 41
[3] June 17 Collective Proceedings Order
