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24 May 2024 / David Greene
Issue: 8072 / Categories: Opinion , Litigation funding , International
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Funding in flux

174079
David Greene on the debate about the future of litigation funding at home & abroad

The Litigation Funding Agreements (Enforceability) Bill (LFA(E)B) is on a head-long flight through both Houses of Parliament, currently in committee stage in the House of Lords, where it was introduced. The terms of the Bill are short and sweet (subject to your view, as below), one section reversing with retrospective effect the decision in R (on the application of PACCAR Inc and others) v Competition Appeal Tribunal and others [2023] UKSC 28, [2023] 4 All ER 675. Seemingly the only event standing in its way would be an early election. But while the Bill appears to have wide backing in Parliament, there are those vocally opposed to it and it has given rise to a more general debate about the regulation of third-party litigation funding, now to be considered by the Civil Justice Council (CJC) at the direction of the Lord Chancellor.

Unenforceable agreements

The Supreme Court decision in PACCAR and the interpretation given by the court

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MOVERS & SHAKERS

Gateley Legal—Caroline Pope & Bob Maynard

Gateley Legal—Caroline Pope & Bob Maynard

Construction team bolstered by hire of senior consultant duo

Switalskis—four appointments

Switalskis—four appointments

Firm expands residential conveyancing team with quadruple appointment

mfg Solicitors—Claire Pope

mfg Solicitors—Claire Pope

Private client team welcomes senior associatein Worcester

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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