Herane-Vives v AXA et al – Initial CMC (8 December 2025)
In an unusually stark opening to a case management conference (CMC), the UK Competition Appeal Tribunal warned Dr Andrés Herane-Vives—appearing without legal representation—that pursuing his complex competition claims against AXA and Bupa could expose him to cost liabilities running into the millions.
The Tribunal highlighted the exceptional risks faced by a litigant in person operating within a jurisdiction where defending parties routinely marshal extensive legal teams and where adverse costs can be catastrophic. That imbalance was further underscored by Bupa choosing a King’s Counsel to represent it, highlighting the formidable resources routinely deployed by parties in CAT proceedings
The CMC was held before Justin Turner KC (the Tribunal Chair) in the claims brought by Dr Andrés Herane-Vives, acting as a litigant in person, against AXA PPP Healthcare Limited and AXA Insurance UK Plc, and Bupa Insurance Services Limited.
These competition claims concern allegations that AXA and Bupa have applied discretionary consultant-recognition policies in a way that restricts market access for eligible psychiatrists, limits patient choice, and introduces discriminatory criteria beyond those legally required for private practice.
The Tribunal Chair addressed Dr Herane-Vives directly, stressing that the litigation was complex, both legally and factually, and that
as currently formulated, the claims were “extremely complex… and may fail.”
He also delivered a significant warning regarding the financial exposure the claimant faces if the claims are unsuccessful.
“…if you lose… you are liable to pay the costs… which will almost certainly run into hundreds of thousands and possibly millions of pounds. So… you may be facing financial ruin unless you have considerable private means.”
The Chair repeated this concern later, saying that Dr Herane-Vives must give “earnest thought” to risk versus benefit and consider whether the potential upside justified the exposure.
Proposal for Mediation
Justice Turner announced that no directions or orders would be made at this hearing. Instead, he proposed a without-prejudice mediation to be conducted.
Key elements of the Tribunal’s mediation plan:
- Mediation to take place in January 2026.
- Conducted confidentially, with no notes retained and no disclosure to the Chair.
- Attendance:
– Dr Herane-Vives (in person)
– One representative from each defendant - Each side bears its own costs of participating.
- No position statements required in advance.
- The purpose is to ensure all parties understand the risks of proceeding, including potential cost exposure.
After mediation, the Tribunal will hold a short remote status hearing to determine next steps.
The Chair reiterated his concern that the claimant must carefully weigh the financial jeopardy, reminding him that if the potential loss is minor compared with the risk of a multi-million-pound costs order, “it makes no sense” to pursue litigation without considering alternative avenues.
by Sylwester Frazzoni in London
AXA was represented by James Bourke of Monckton Chambers, instructed by DAC Beachcroft.
Bupa was represented by Robert O’Donoghue KC of Brick Court Chambers, instructed by
The cases are 1750/5/7/25 Dr Andrés Herane-Vives v AXA PPP Healthcare Limited and AXA Insurance UK Plc and
1752/5/7/25 Dr Andrés Herane-Vives v Bupa Insurance Services Limited in the CAT.
