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08 September 2023 / Dominic Regan
Issue: 8039 / Categories: Opinion , Costs , Litigation funding , Profession
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The insider: 8 September 2023

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Landed back to an overwhelming in-tray & a deep sense of autumnal angst? Dominic Regan sets out where best to begin

Now that the summer holidays are over, it is time to address current causes of concern for the civil litigator. What should one worry about? Where would you like to begin?

CAT calling

The Supreme Court judgment in R (on the application of PACCAR Inc and others ) v Competition Appeal Tribunal and others [2023] UKSC 28 decided that a litigation funding agreement was unlawful. By a majority of four to one (Lady Rose dissenting in exquisite detail), the court found that the funding arrangement was a damages-based agreement (DBA). Section 47C (8) of the Competition Act 1998 states that a DBA ‘is unenforceable if it relates to opt-out collective proceedings’, which these truck cartel claims were. I am indebted yet again to PJ Kirby KC who, despite being on holiday, gave me the benefit of his wisdom. The problem is that all Competition Appeal Tribunal (CAT) opt-out claims

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NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
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