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NLJ this week: Litigation funding case law post-PACCAR

23 February 2024
Issue: 8060 / Categories: Legal News , Litigation funding , Costs , Profession
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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

Gibson Dunn—London partner promotions

Gibson Dunn—London partner promotions

Firm grows international bench with expanded UK partner class

Shakespeare Martineau—six appointments

Shakespeare Martineau—six appointments

Firm makes major statement in the capital with strategic growth at The Shard

Myers & Co—Jess Latham

Myers & Co—Jess Latham

Residential conveyancing team expands with solicitor hire

NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
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