International class-action lawyers are paid from the settlement fund, not by billing you directly. A court or tribunal must approve their fees as fair and reasonable before any money is deducted. A common fund is the single pot of settlement money meant for the whole class. Lawyers ask for fees and costs from that pot, so approval controls both how much they receive and how much remains for claimants.
Official resources:
- Read the official notice from Cornell — Use this primary source to verify the official announcement.
- Apply through Gibsondunn’s official page — Use this page to review requirements and apply directly.
Table of Contents
- Do class members pay out of pocket?
- How are U.S. fees calculated?
- How do U.K. collective settlements divide the money?
- What limits apply in Canada, the EU and Australia?
Do class members pay out of pocket?
In U.S. federal cases, lawyers do not bill class members. Cornell Law School's text of Rule 23 explains that fees come from the common fund under Rule 23(h) after the court finds the settlement fair, reasonable and adequate under Rule 23(e), in Cornell Law School's text of Rule 23.
In Ontario, firms advance costs on contingency under the account from UL Lawyers. You pay nothing upfront and the firm receives a court-approved share only if the case succeeds. In EU consumer representative actions, the Directive text carried on legislation.gov.uk protects individuals from proceeding costs except costs caused by their own intentional or negligent conduct.
- Check the settlement notice for the fee request.
- Check the objection deadline and hearing date.
- Check whether costs come from the same pot as your payment.
How are U.S. fees calculated?
Courts commonly use a percentage of the fund. The July 2025 National Law Journal column from DiCello Levitt describes 25% as the Ninth Circuit benchmark, explained in the July 2025 National Law Journal column from DiCello Levitt.
Courts also use lodestar, meaning reasonable hours times reasonable rates. The same column describes lodestar as a cross-check on the percentage, with lower percentages in very large recoveries.
How do U.K. collective settlements divide the money?
In Competition Appeal Tribunal opt-out proceedings, a collective settlement takes effect only with Tribunal approval as just and reasonable. The Gibson Dunn account says the application must specify payment terms and distribution, and the Tribunal can separate damages and costs pots.
That separation matters because funding and legal costs can be large. The Legal Futures report on the Google settlement says a £260m settlement reserved about £100m for funding and legal costs, including £12m for the class representative's lawyers after the Tribunal reduced the amount claimed.
What limits apply in Canada, the EU and Australia?
Ontario requires court approval that the settlement is fair, reasonable and in the class's best interests. The EU Directive uses loser-pays between the parties, so the unsuccessful party pays the successful party's costs in a consumer redress action. In Australia, a federal class action cannot settle without court approval under Federal Court Act s33V.
The King & Wood Mallesons analysis of the Kain decision says the High Court's 2025 Kain decision permits deduction of third-party funder commissions at settlement or judgment but bars percentage orders for solicitors. The Penningtons Manches Cooper comparison adds a U.K. limit: conditional fee agreements are permitted for collective claims, but damages-based percentage agreements are unenforceable for opt-out proceedings.