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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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MOVERS & SHAKERS

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Sponsored by
Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS
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NLJ this week: Renters’ Rights revolution begins—brace for tribunal chaos

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

NLJ this week: Civil procedure gets a spring overhaul
Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
NLJ this week: Why GP complaints are going nowhere
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
NLJ this week: Prenups meet a jurisdictional brick wall
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
NLJ this week: Has Rylands v Fletcher come back from the dead?
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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