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13 October 2023 / Lucy Keane
Issue: 8044 / Categories: Features , Profession , Litigation funding
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Litigation funding: Keep on truckin’?

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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

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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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