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.
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