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Post-PACCAR: truckloads of litigation-funding developments

23 February 2024 / Joseph Evans , Simon Heatley
Issue: 8060 / Categories: Features , Litigation funding , Procedure & practice
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Joseph Evans & Simon Heatley talk PACCAR, PlayStation & the Post Office—and what’s further down the road for litigation funding
  • Considers recent litigation funding cases in the context of the PACCAR decision, and predicts what’s next for the industry.

Since the Supreme Court gave judgment in R (on the application of PACCAR Inc and others v Competition Appeal Tribunal and others [2023] UKSC 28 in July 2023, there has been much debate on the impact of the decision. 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 (LFAs) fall within the ambit of PACCAR as non-compliant damages-based agreements (DBAs) with mixed success. At the same time, with the Post Office Horizon IT inquiry highlighting the key role litigation funding can play in providing access to justice, the government has stated that it intends to reverse the ‘damaging effects of PACCAR at the first legislative opportunity’.

Litigation funders believe

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MOVERS & SHAKERS

Mourant—Stephen Alexander

Mourant—Stephen Alexander

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360 Law Group—Anthony Gahan

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NEWS
Artificial intelligence may be revolutionising the law, but its misuse could wreck cases and careers, warns Clare Arthurs of Penningtons Manches Cooper in this week's NLJ
Bea Rossetto of the National Pro Bono Centre makes the case for ‘General Practice Pro Bono’—using core legal skills to deliver life-changing support, without the need for niche expertise—in this week's NLJ
Small law firms want to embrace technology but feel lost in a maze of jargon, costs and compliance fears, writes Aisling O’Connell of the Solicitors Regulation Authority in this week's NLJ
Charles Pigott of Mills & Reeve reports on Haynes v Thomson, the first judicial application of the Supreme Court’s For Women Scotland ruling in a discrimination claim, in this week's NLJ
The Supreme Court issued a landmark judgment in July that overturned the convictions of Tom Hayes and Carlo Palombo, once poster boys of the Libor and Euribor scandal. In NLJ this week, Neil Swift of Peters & Peters considers what the ruling means for financial law enforcement
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