header-logo header-logo

13 October 2023 / Lucy Keane
Issue: 8044 / Categories: Features , Profession , Litigation funding
printer mail-detail

Litigation funding: Keep on truckin’?

142552
Lucy Keane assesses the damage after Paccar Inc v CAT drove a juggernaut through the UK litigation funding industry
  • Looks at the facts, law and reasoning in Paccar Inc v CAT.
  • Assesses the impact of the case on the litigation funding industry.

In July 2023, the UK Supreme Court (UKSC) took many by surprise when it issued its judgment in an appeal brought by Paccar Inc, DAF Trucks NV and DAF Trucks Deutschland GmbH against the Competition Appeal Tribunal (CAT), UK Trucks Claim Ltd (UKTC) and the Road Haulage Association (RHA). To the astonishment of many, the court’s decision struck at what had hitherto been regarded as solid ground and the foundation for very many litigation funding arrangements in the UK. The implications of this surprising decision are reverberating around the litigation funding industry in the UK with many players expressing concern about whether funding in its previously accepted form can continue.

The UKSC’s judgment that litigation funding agreements (LFAs) that take the form of a damages-based agreement

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
back-to-top-scroll