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- Title
Unpacking PACCAR: the fallout from the judgment, and the consequences for litigation funding in the UK.
- Authors
Streatfeild, Luke; Grimes, Luke; Kenny, Patrick
- Abstract
This article explores the impact of a 2023 judgment by the UK Supreme Court on litigation funding practices in the country. The case, known as PACCAR, has sparked public interest and prompted proposed legislation by the UK government. The article provides an overview of the history of litigation funding in the UK, the PACCAR judgment, and its implications for the future of litigation funding. It highlights the significance of appropriate funding methods in promoting access to justice and raises the question of whether legislative proposals should go beyond returning to the previous status quo. The article also discusses the role of third-party funding in collective and class actions and the importance of funding options for claimants seeking redress. It examines the use of Damages-Based Agreements (DBAs) in civil litigation and the challenges associated with their implementation, emphasizing the need for improved regulations to enhance clarity and confidence in their use as a funding method. The article further delves into the PACCAR decision, which clarified the interpretation of statutory provisions related to DBAs and claims management services. The Supreme Court ruled that funders providing financial services in relation to claims fall under the definition of claims management services, impacting the enforceability of funding arrangements in collective proceedings. The article discusses the consequences of the PACCAR judgment on litigation funding in England, including satellite litigation in the Competition Appeal Tribunal (CAT) as defendants question the enforceability of litigation funding agreements (LFAs). The CAT has ruled that LFAs with a multiple of outlay return are not
- Subjects
THIRD party litigation funding; JUDGES; CIVIL procedure; JUSTICE; STATUTORY interpretation; GOVERNMENT policy; CARTELS
- Publication
Competition Law International, 2024, Vol 20, Issue 1, p19
- ISSN
1817-5708
- Publication type
Article