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08 September 2023
Issue: 8039 / Categories: Legal News , Litigation funding , Costs , Profession
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NLJ this week: Regan investigates litigation funding post-PACCAR

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As autumn beckons, the recent earthquake in litigation funding will be occupying the minds of many lawyers. In this week’s NLJ, Professor Dominic Regan—AKA 'The insider'—focuses his column on the impact of the Supreme Court case R (PACCAR & Ors) v CAT.

The court found the litigation funding agreement considered in the case to be unlawful. However, the case has ramifications far beyond that one agreement and could have an impact on thousands of claimants.

Regan, of City Law School, writes: ‘The problem is that all Competition Appeal Tribunal (CAT) opt-out claims have been funded in this manner. As a matter of urgency, a new, compliant funding mechanism will have to be devised.’

Regan also covers fixed costs, due to come into force on 1 October, including the perils therein for barristers. 

Find the latest from The Insider here.

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NEWS
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
The cab-rank rule remains a bulwark of the rule of law, yet lawyers are increasingly judged by their clients’ causes. Writing in NLJ this week, Ian McDougall, president of the LexisNexis Rule of Law Foundation, warns that conflating representation with endorsement is a ‘clear and present danger’
Holiday lets may promise easy returns, but restrictive covenants can swiftly scupper plans. Writing in NLJ this week, Andrew Francis of Serle Court recounts how covenants limiting use to a ‘private dwelling house’ or ‘private residence’ have repeatedly defeated short-term letting schemes
Artificial intelligence (AI) is already embedded in the civil courts, but regulation lags behind practice. Writing in NLJ this week, Ben Roe of Baker McKenzie charts a landscape where AI assists with transcription, case management and document handling, yet raises acute concerns over evidence, advocacy and even judgment-writing
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