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23 February 2024
Issue: 8060 / Categories: Legal News , Litigation funding , Costs , Profession
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NLJ this week: Litigation funding case law post-PACCAR

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The seismic PACCAR judgment gave rise to considerable debate, not least its potential to stifle funding for important litigation such as the Post Office Horizon case

In fact, the government has since indicated it will bring in legislation to reverse PACCAR’s effect. In this week’s NLJ, Joseph Evans, senior associate, and Simon Heatley, knowledge lead, at Charles Russell Speechlys, look at recent litigation funding cases decided in the wake of PACCAR and consider what may happen next.

The case, which arose from a truck manufacturing dispute, was financed by a litigation funding agreement held by the Supreme Court to be a non-compliant damages-based agreement and therefore unenforceable. The decision looked likely to stifle a wide range of cases brought on the basis of litigation funded agreements.

Evans and Heatley take a close look at the decision and its practical implications. They identify limitations and potential gaps in the decision, which may allow litigation funders a way through.

The authors write: ‘Now the dust has started to settle, we are beginning to see judicial challenges arising under PACCAR, with litigants seeking to establish that existing litigation funding agreements fall within the ambit of PACCAR as non-compliant damages-based agreements with mixed success.’

MOVERS & SHAKERS

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
The government will aim to pass legislation banning leasehold for new flats and capping ground rent, introducing non-compulsory digital ID and creating a ‘duty of candour’ for public servants (also known as the Hillsborough law) in the next Parliament

An Italian financier has lost his bid to block his Australian wife from filing divorce papers in England on the basis it was no longer her domicile of choice

Reforms to the disclosure regime in the business and property courts have not achieved their objectives, lawyers have warned
The Law Society has urged ministers to hold a public consultation on the use of artificial intelligence (AI) in the justice system as a whole
Ministers have proposed bringing inquest work under a single fee scheme for legal help and advocacy legal aid work
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