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23 February 2024 / Joseph Evans , Simon Heatley
Issue: 8060 / Categories: Features , Litigation funding , Procedure & practice
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Post-PACCAR: truckloads of litigation-funding developments

160022
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

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

DWF—11 appointments

DWF—11 appointments

DWF strengthens North West teams with 11 newly qualified solicitors

NEWS
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Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
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