Analysing Judicial Case Data for Access to Justice: A Methodological Framework

Abstract

This article investigates the methodological foundations and empirical challenges of assessing access to justice in UK competition law litigation, with particular attention to the obstacles faced by consumers and small and medium-sized enterprises (SMEs). It presents the first comprehensive analysis of cases adjudicated before the Competition Appeal Tribunal (CAT) between 2004 and 2025, employing a structured coding framework to classify party types, case outcomes, durations, and other salient variables. Targeted subsamples incorporate unstructured data on costs, damages, and procedural features, including cost judgments. The findings demonstrate that litigation is seldom pursued by consumers and SMEs, primarily due to prohibitive costs, procedural complexity, and uncertainty of outcomes. Collective actions remain constrained by limited funding and high litigation expenses. Notably, most cases are resolved or dismissed before certain key evidentiary thresholds are reached, such as causation and the quantification of damage, suggesting that structural and economic barriers, rather than doctrinal complexity, constitute the principal impediments to redress. The article details the study’s methodological design and reflects critically on its strengths and limitations. While the datasets offer unprecedented scope and granularity, challenges persist, including incomplete public records and the interpretive challenges posed by unstructured data. Nevertheless, the approach yields valuable insights into systemic inefficiencies and highlights avenues for procedural reform and further research.